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Patna High Court

Mahendra SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that there is no sufficient ground to cancel the anticipatory bail as no suppression of fact or misrepresentation is established.

Summary

Mahendra Singh filed an application seeking cancellation of the anticipatory bail granted to Abhay Singh and Archana Kumari, alleging that they misrepresented the nature of injuries suffered by Amit Kumar to obtain bail. The petitioner submitted injury reports from the Primary Health Centre, Sadar Hospital and an AIIMS certificate showing four grievous injuries, none of which were on the head and none attributable to the respondents. The court examined the earlier bail order, the injury reports, and noted that the AIIMS report was not available at the time of the bail application, finding no deliberate suppression of facts. It held that the injuries reported do not establish any link to the respondents and that the threshold for cancelling bail—overwhelming circumstances—was not met. Consequently, the application for cancellation was dismissed, leaving the anticipatory bail in force.

Issues considered

  • Whether the anticipatory bail granted to the respondents should be cancelled on the ground of alleged suppression or misrepresentation of injury facts.

Subjects

  • anticipatory bail
  • cancellation of bail
  • suppression of fact
  • injury report
  • criminal procedure
  • bail discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.86961 of 2025
                      Arising Out of PS. Case No.-38 Year-2025 Thana- NARDIGANJ District- Nawada
                 ======================================================
                 Mahendra Singh S/O Visheshwar Singh Resident of village - Kahuara,
                 Nawada, Kahuara, Bihar-80519

                                                                                  ... ... Petitioner/s

                                                       Versus
           1.    The State of Bihar
           2.    Abhay Singh @ Abhay Kumar S/O Surendra Singh Resident of village -
                 Kahuara, P.S- Nardiganj,DIst.- Nawada
           3.    Archana Kumari W/O Abhay Singh @ Abhay Kumar Resident of village -
                 Kahuara, P.S- Nardiganj,DIst.- Nawada

                                                                            ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Sunil Kumar Singh, Adv.
                                                  Mr. Sidhendra Narayan Singh, Adv.
                 For the State           :        Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   17-04-2026                     Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                  2. The present application is for cancellation of

                   anticipatory bail granted to the opposite party nos. 2 and 3

                   vide order dated 26.09.2025 (Annexure-P/4) by submitting

                   that the injuries suffered by Amit Kumar, being four in

                   number, were all grievous in nature but the respondents by

                   giving wrong impression before the Court that some of the

                   injuries were simple and only some grievous, have obtained

                   the order of anticipatory bail. In order to buttress his
Patna High Court CR. MISC. No.86961 of 2025(6) dt.17-04-2026
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          submission he has annexed the injury report as Annexure-P/2

          which includes the injury reports of the Primary Health

          Centre, the Sadar Hospital, Nawada and also the injury

          certificate issued by the AIIMS, Patna. It has been submitted

          that by looking at the injury certificate issued by the AIIMS,

          Patna it would appear that four injuries suffered by injured

          Amit Kumar are all grievous in nature, and since this

          document was not placed before the Court, the privilege of

          anticipatory bail was granted to the opposite party nos. 2 and

          3, which amounts to suppression of fact.

                       3. Learned APP for the State is also present.

                       4. This Court has gone through the present

          application filed on behalf of the petitioner/informant and

          upon going through the earlier order of this Court, I find that

          the opposite party nos. 2 and 3 had been granted the privilege

          of anticipatory bail on various grounds one of them being

          consideration of the injury report also. It was also considered

          that both the sides were gotias having dispute with regard to

          partition and petitioner no. 2, who is opposite party no. 3

          herein, was a lady and the wife of petitioner no. 1 (opposite

          party no. 2 herein), who has been attributed ornamental

          allegations of indulging in assault by means of fists etc.
Patna High Court CR. MISC. No.86961 of 2025(6) dt.17-04-2026
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                       5. So far as opposite party no. 2 is concerned, the

          injury report of Amit Kumar issued by the Primary Health

          Centre was placed as Annexure-P/2 series in the earlier

          application which indicated three injuries, the first being a

          lacerated wound on the left cheek, the second being lacerated

          wound on left side of nose and the third being a swelling on

          the nose, all caused by hard and blunt substance. The nature

          of injuries was also indicated as injury nos. 1 and 2 being

          simple in nature and it was only injury no. 3 which was

          awaiting x-ray from Sadar Hospital for the opinion. In the

          order granting anticipatory bail it was well taken into

          consideration that the third injury which was awaiting x-ray

          was on the nose of the said Amit Kumar and the specific

          allegation of assault on the nose of the said Amit Kumar was

          attributed to co-accused Uday Singh and not to opposite party

          nos. 2 and 3. In the present application for cancellation also

          the injury report of the Primary Health Centre indicates

          grievous injury on the nasal bones and the injury report issued

          by the Sadar Hospital, Nawada is also on record which also

          indicates fracture on the nasal bones and these injuries were

          not attributed to opposite party nos. 2 and 3.

                       6. The petitioner is basically relying upon the injury
Patna High Court CR. MISC. No.86961 of 2025(6) dt.17-04-2026
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          report issued by the AIIMS, Patna for which an application

          was given by the Investigating Officer on 18.03.2025. This

          document also indicates that the two grievous injuries which

          have been indicated are stitched wounds and they are also on

          the nose portion of the injured Amit Kumar. None of the

          injuries, which have been found to be grievous, indicate an

          injury on the head of the said Amit Kumar, which can be

          specifically attributed to opposite party nos. 2 and 3.

                       7. Taking all the facts and circumstances into

          consideration, this Court reaches the considered conclusion

          that the injury certificate of the AIIMS may not have been

          available with the opposite parties at the time of the filing of

          the bail application and this does not indicate any deliberate

          suppression or concealment of fact. In any view of the matter,

          the said injury report also does not indicate any grievous

          injury on the head of the said Amit kumar, the author of which

          would be opposite party nos. 2 and 3.

                       8. The law is settled with regard to cancellation of

          bail that there is a vivid distinction between parameters while

          considering grant of bail vis-a-vis while deciding its

          cancellation        and       very      cogent       and   overwhelming

          circumstances are necessary to interfere with the discretion
             Patna High Court CR. MISC. No.86961 of 2025(6) dt.17-04-2026
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                       exercised while granting bail.

                                    9. In view of the settled law, this Court does not find

                       any good ground to cancel the bail already granted to opposite

                       party nos. 2 and 3 finding it not to be a case of any

                       suppression of fact. However, in case any ground of

                       tampering or influencing the evidence or witness supported by

                       clinching evidence, is taken at a subsequent stage, the

                       petitioner would always have the liberty to move the

                       appropriate forum for ventilating such grievance.

                                       10. Accordingly, the present application is

                       dismissed.



                                                 (Soni Shrivastava, J)
Abhishek/-

U      T


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