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Patna High Court

Priyanka KumariversusShanti Devi

Decided
Disposal
DISMISSED

Holding

The bail order was not cancelled as the Court found no compelling reason to interfere.

Summary

The petitioner, Priyanka Kumari, sought cancellation of the regular bail granted to Shanti Devi, the mother‑in‑law of a co‑accused, in a murder case where her husband was shot after a CCTV‑recorded altercation. The petitioner alleged that the bail order ignored investigation material, including the post‑mortem report, and that Shanti Devi was implicated in the FIR. The High Court examined the FIR, case diary entries, and witness statements, noting that none directly named Shanti Devi, and considered her advanced age, health conditions, and custody since September 2024. The Court reiterated that the parameters for granting and cancelling bail differ and that cancellation requires glaring perversity or overwhelming new circumstances. Finding no such basis, the Court dismissed the application for cancellation of bail.

Issues considered

  • Whether the bail granted to Shanti Devi should be cancelled on the ground of new or overlooked evidence.
  • Whether the FIR and witness statements sufficiently implicate Shanti Devi to warrant cancellation of bail.
  • Whether the appellant has demonstrated any glaring perversity or overwhelming circumstances justifying interference with the bail order.

Subjects

  • bail
  • cancellation of bail
  • regular bail
  • Criminal Procedure Code
  • murder
  • CCTV evidence
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88135 of 2024
                         Arising Out of PS. Case No.-87 Year-2024 Thana- AIRPORT District- Patna
                 ======================================================
                 Priyanka Kumari W/o Late Rakesh Kumar R/o vill - Sarwara, ward no. 1, P.s.
                 - Bajpatti, Distt.- Sitamarhi, at present tenant in the house of Awadesh Giri,
                 S/o Ramdeo Giri, R/o Kautilya Nagar, Choudhary Tola, in front of Pillar no.
                 52, P.S. - Hawai Adda, Town and Distt. Patna.               ... ... Petitioner/s
                                                      Versus
           1.     Shanti Devi W/o Late Nanhak Choudhary R/o Mushahari Jagdeo Path, P.s. -
                  Hawai Adda, Distt.- Patna
           2.    The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jnan Chandra Bhardwaj, Advocate
                 For the Opposite Party/s :        Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   19-01-2026                  Learned counsel for the petitioner and learned APP

                   for the State.

                                2. The present application for cancellation of bail has

                   been filed on behalf of the petitioner against the order dated

                   11.07.2024 passed by the learned Additional Sessions Judge-1st,

                   Patna in Hawai Adda P.S. Case No. 87 of 2024, whereby regular

                   bail has been granted to the opposite party no.1.

                                3. The learned counsel for the petitioner has prayed

                   for cancellation of bail granted to the opposite party no.1, Shanti

                   Devi alleging that the said order has not considered the facts and

                   circumstances of the case and by overlooking the materials

                   collected during the course of investigation as also the

                   postmortem report, the present order has been passed granting
Patna High Court CR. MISC. No.88135 of 2024(4) dt.19-01-2026
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          regular bail to the opposite party no.1

                          4. The short facts of the case is that the informant

          (petitioner herein) had received an information on mobile phone

          by the police that her husband had been shot at, whereafter he

          was admitted to Paras Hospital and the informant (petitioner

          herein) also arrived at the hospital to find her husband

          undergoing treatment. At around 1:30 a.m. in the night, she was

          informed by the Doctor that her husband has succumbed to the

          injuries received, whereafter she came back home. It has been

          alleged that in the next morning the police officials of the Hawai

          Adda P.S. had shown her the CCTV footage wherein she

          identified one Anant Kumar, who was in a situation of

          altercation with her husband and had also called 4 to 5 of his

          friends as also his mother-in-law, Shanti Devi (O.P. No.1 herein)

          and all indulged in altercation. It has further been stated that she

          saw in the CCTV footage that on the order of Anant Kumar, his

          friend fired shot at her husband due to which he fell down and

          subsequently, was brought to Paras Hospital by the Police,

          where he died during the course of treatment.

                          5. Having gone through the First Information

          Report and the order granting bail to the opposite party no.1, it

          appears that the opposite party no.1 has only been mentioned in
Patna High Court CR. MISC. No.88135 of 2024(4) dt.19-01-2026
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          the First Information Report, which was lodged upon witnessing

          the CCTV footage, as one of the persons, who was also present

          at the place of occurrence. There is direct allegation, however, in

          the First Information Report that there was a scuffle with Anant

          Kumar and it was at his order that his friends have resorted to

          firing. It has been considered in the order granting bail that she

          has been implicated on account of the fact that she happens to

          be the mother-in-law of the co-accused Anant Kumar @ Anant

          Chaudhary who stays in the same locality. The submission with

          regard to opposite party no.1 being a 65 years old lady with

          heart ailments as well as being diabetic has also been noted. The

          submission has also been noticed that there are no chances of

          the opposite party no.1 absconding or tampering with the

          witness and that she is in custody since 14.09.2024. So far as the

          materials collected during the course of investigation is

          concerned, the same has also been considered by the learned

          Court concerned as paragraph-24 of the case diary has been

          referred from which it appears that the informant was shown the

          CCTV footage once again where she did not take the name of

          the opposite party no.1. In any view of the matter, this fact has

          also been considered that the F.I.R. has been lodged on the basis

          of the CCTV footage according to which the allegation is
Patna High Court CR. MISC. No.88135 of 2024(4) dt.19-01-2026
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          confined to an unknown person resorting to firing at the behest

          of co-accused Anant Kumar. The reference has also been made

          to paragraph nos. 11, 12, 13 and 25 of the case diary indicating

          that the witnesses examined in these paragraphs have also not

          taken the name of the opposite party no.1, however, the learned

          counsel appearing on behalf of the petitioner has submitted that

          although the name of the opposite party no.1 has not been taken

          but witnesses have stated that they identified the lady to be

          residing in the same locality. Therefore, considering the old and

          advanced age of the opposite party no.1, coupled with the fact

          that she remained in custody since 14.09.2024, the learned

          Court was pleased to grant regular bail to the opposite party

          no.1.

                          6. The law with regard to cancellation of bail is

          settled and there can be no dispute on the fact that the

          parameters for grant of bail and cancellation of the same are

          totally different and until and unless this Court finds any glaring

          perversity in the order granting bail to the opposite party no.1 or

          any other cogent and overwhelming circumstances, it would not

          be desirable for this Court to interfere with the said order by

          cancelling the same.

                          7. Taking into consideration all the above-
              Patna High Court CR. MISC. No.88135 of 2024(4) dt.19-01-2026
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                        mentioned facts and circumstances of the case and also

                        considering the law laid down with respect to cancellation of

                        bail, this Court finds no good reason to entertain the present

                        application for cancellation of bail of the opposite party no.1 as

                        such, the present application is dismissed.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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