Patna High Court
Jayanti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The application for cancellation of anticipatory bail was dismissed, with the court directing the petitioner to approach the court that granted the bail.
Summary
Jayanti Devi filed an application seeking cancellation of the anticipatory bail granted to Mahendra Yadav, Raushan Kumar and Ankit Kumar. She contended that the bail should be set aside because the injured Arjun Yadav suffered grievous injuries, which the bail order allegedly ignored due to the absence of an injury report in the case diary. The court observed that the appropriate remedy is to approach the court that originally granted the anticipatory bail, not the present forum. Consequently, the application for cancellation was disposed of without any order altering the bail. The decision underscores that a court cannot cancel anticipatory bail on procedural grounds absent a proper petition before the granting court.
Issues considered
- What is the appropriate forum for seeking cancellation of anticipatory bail granted by another court?
- Can anticipatory bail be cancelled on the ground that an injury report was not placed in the case diary?
Subjects
- anticipatory bail
- cancellation of bail
- grievous injury
- procedural remedy
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87061 of 2025
Arising Out of PS. Case No.-274 Year-2025 Thana- MUFFASIL District- Aurangabad
======================================================
Jayanti Devi W/o Arjun Yadav R/o Village - Bishambhar Bigha, P.S - Muffasil
(Aurangabad), District - Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mahendra Yadav S/o Ramdas Yadav R/o Village - Bishambhar Bigha, P.S -
Muffasil (Aurangabad), District - Aurangabad
3. Raushan Kumar S/o Mahendra Yadav R/o Village - Bishambhar Bigha, P.S -
Muffasil (Aurangabad), District - Aurangabad
4. Ankit Kumar S/o Mahendra Yadav R/o Village - Bishambhar Bigha, P.S -
Muffasil (Aurangabad), District - Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Chandna, Advocate
For the Opposite Party/s : Mr.Binod Kumar, 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,
Aurangabad vide order dated 04.11.2025 passed in A.B.P.
No.1963 of 2025.
3. After some arguments, learned counsel for the
petitioner prays for withdrawal of the present application for
cancellation of bail in order to seek his remedy before Court
Patna High Court CR. MISC. No.87061 of 2025(2) dt.06-01-2026
2/2
concerned which has granted anticipatory bail to the opposite
party nos. 2 to 4 as his main ground for cancellation of bail is
that although injured Arjun Yadav had sustained grievous
injuries, however, the same was not taken into consideration, as
recorded in the impugned order, on the ground that the injury
report of injured Arjun Yadav was not available in the case
diary. In such circumstances, the proper and efficacious course
would be to approach the court concerned which had granted
anticipatory bail to 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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