Patna High Court
Anjali KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that an application for cancellation of anticipatory bail must be filed before the court that granted the bail, and therefore dismissed the petitioner's application.
Summary
Anjali Kumari filed an application before the Patna High Court seeking the cancellation of anticipatory bail that had been granted to respondents Nos. 2 to 4 by the Additional Sessions Judge. The bail order was issued in A.B.P. No. 2281 of 2025 on 15 September 2025. The petitioner argued that the bail should be set aside on the ground of suppression of facts. The Court observed that the appropriate remedy for the petitioner was to approach the court that originally granted the anticipatory bail, rather than this Court. Consequently, the application for cancellation of bail was disposed of without any order altering the bail.
Issues considered
- What is the appropriate forum for seeking cancellation of an anticipatory bail order granted by a lower court?
Subjects
- anticipatory bail
- cancellation of bail
- jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86541 of 2025
Arising Out of PS. Case No.-9271 Year-2023 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Anjali Kumari Wife of Late Pankaj Kumar Resident of House No.-128,
Rampur, Near Bank of India, Gari Khana, Khagaul, Police Stattion - Khagaul,
District - Patna presently Resides as Daughter of Umesh Prasad, Ganga
Vishnu Nagar Road No.-3A, Kankarbagh, Police Station -Kankarbagh,
District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soni Kumari Daughter of - Late Sheetal Prasad Resident of - House No.-
128, Rampur, Near Bank of India, Gari Khana, Khagaul, Police Stattion
Khagaul, District - Patna
3. Rupa Kumar Wife of - Late Sheetal Prasad Resident of - House No.-128,
Rampur, Near Bank of India, Gari Khana, Khagaul, Police Stattion Khagaul,
District - Patna
4. Rajesh Kumar Ranjan Son of Raghubir Singh Resident of Village Arap Near
Panchayat Bhawan, Police Station-Arap, District - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhanshu Kumar, Advocate
For the Opposite Party/s : Mr.Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
APP of the State.
2. The petitioner has filed the present application
seeking cancellation of anticipatory bail granted to opposite
party nos. 2 to 4 by the learned Addl. Sessions Judge-XXXII,
Patna vide order dated 15.09.2025 passed in A.B.P. No. 2281 of
2025.
3. After some arguments, learned counsel for the
Patna High Court CR. MISC. No.86541 of 2025(2) dt.06-01-2026
2/2
petitioner prays for withdrawal of the present application for
cancellation of bail in order to seek his remedy before Court
concerned which has granted anticipatory bail to the opposite
party nos. 2 to 4 as her main ground for cancellation of bail is
suppression of fact and the proper and efficacious course in such
circumstances would be to approach the court Concerned which
granted bail to the opposite party nos. 2 to 4.
4. With such observation, the present application
stands disposed of.
(Soni Shrivastava, J)
Harsh/-
U T
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