Created by Fuzzy Cloud

Patna High Court

Noorjahan KhatunversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

A petition to cancel anticipatory bail on the ground of suppression of material fact must be filed before the court that granted the bail.

Summary

Noorjahan Khatun filed an application before the Patna High Court seeking the cancellation of anticipatory bail that had been granted to the accused, Firoj @ Masum, by the Additional Sessions Judge, Saran. The petitioner alleged that the bail order was obtained by suppressing material facts. The High Court examined whether the petition could be entertained by it or should be filed before the court that originally granted the bail. The Court held that the appropriate remedy was to approach the Sessions Court that had granted the anticipatory bail. Consequently, the petition was disposed of, with liberty granted to the petitioner to move the appropriate court for relief.

Issues considered

  • What is the appropriate forum for seeking cancellation of an anticipatory bail order on the ground of suppression of material facts?

Subjects

  • anticipatory bail
  • cancellation of bail
  • suppression of material fact
  • jurisdiction
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89717 of 2025
                  Arising Out of PS. Case No.-147 Year-2023 Thana- SARAN COMPLAINT CASE District-
                                                          Saran
                 ======================================================
                 Noorjahan Khatun Daughter of Ramjan Ali Resident of village- Kishunpur,
                 Harpur, Ps- Jalalpur, Dist- Chapra

                                                                               ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Firoj @ Masum Son of Manjur Alam Resident of village- Manjhi Takiya,
                 Ps- Manjhi, Dist- Saran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Arvind Kumar, Advocate
                 For the Opposite Party/s :      Mr.Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   08-01-2026                    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 the opposite

                   party no. 2 by the learned Addl. Sessions Judge, Saran vide

                   order dated 14.07.2025 passed in A.B.P. No.2184 of 2025.

                                3. Learned counsel for the petitioner has assailed the

                   order granting bail to the opposite party no.2 on the ground of

                   suppression of material fact.

                                4. For such ground, desirable course would be to

                   approach the learned Court concerned which had granted

                   anticipatory bail to the opposite party no.2.
              Patna High Court CR. MISC. No.89717 of 2025(2) dt.08-01-2026
                                                          2/2




                                       5. In such view of the matter, the application stands

                        disposed of with liberty to the petitioner to move before Court

                        concerned which had granted bail to the opposite party no.2.



                                                  (Soni Shrivastava, J)
Harsh/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.