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Patna High Court

Sonali KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that the application for cancellation of anticipatory bail is not maintainable before it and must be filed before the court that granted the bail.

Summary

Petitioner Sonali Kumari filed an application in the Patna High Court seeking cancellation of the anticipatory bail granted to Ravindra Chaudhary by the Additional Sessions Judge, Nalanda, on 8 October 2024. The petitioner alleged supervening circumstances of threat and potential altercation as grounds for cancellation. The High Court held that such a cancellation application should be made before the court that originally granted the bail, not the High Court. Consequently, the court granted the petitioner liberty to approach the concerned Sessions Court and dismissed the present application. The order effectively leaves the bail in force pending any fresh application before the appropriate court.

Issues considered

  • Whether the Patna High Court has jurisdiction to entertain an application for cancellation of anticipatory bail granted by a lower court

Subjects

  • anticipatory bail
  • cancellation
  • jurisdiction
  • criminal procedure
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87168 of 2024
                  Arising out of PS. Case No.-372 Year-2024 Thana- LAHERIMUHALLA District- Nalanda
                 ======================================================
                 Sonali Kumari D/o-Late Chandra Shekhar Chaudhary R/o-Mohalla- Krishna
                 Palace Ke Piche,Kateper, PS- Laheri, Distt.- Nalanda

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Ravindra Chaudhary @ Devi Chaudhary(Dev) Son of Late Kishore Chaud-
                 hary @ Kishori Chaudhary resident of Village and P.O.- Ranabigh, P.S.-
                 Deepnagar, Distt.- Nalandaat Present posted at Driver of Police Department
                 (Fire Brigade) Mahirani Police Station- Begusarai, Distt.- Begusarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Raj Kumar Singh, Advocate
                                                Mr. Bipin Kumar Deo, Advocate
                 For the Opposite Party/s:      Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   12-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The present application for cancellation of anticipa-

                   tory bail has been filed against the order dated 08.10.2024

                   passed by the learned Court of Additional Sessions Judge-I, Na-

                   landa in ABP No. 1543 of 2024 whereby and whereunder the

                   bail was granted to the opposite party no. 2.

                                 3. The ground for cancellation that has been urged by

                   the learned counsel appearing for the petitioner is confined to

                   supervening circumstances in the nature of threatening and en-

                   gaging in further altercation. With regard to such grounds, the
                         Patna High Court CR. MISC. No.87168 of 2024(4) dt.12-01-2026
                                             2/2




           desirable course would be to move before the concerned Court

           which has granted privilege of anticipatory bail to the opposite

           party no.2.

                        4. In such view of the matter, the petitioner is granted

           liberty to raise the issues before the Court concerned which has

           granted bail to the opposite party no. 2.

                        5. With the aforesaid liberty, this application is dis-

           posed off.


                                     (Soni Shrivastava, J)
Vikash/-

U      T


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