Patna High Court
Sonali KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
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
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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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