Patna High Court

Gulab DeviversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: SONI SHRIVASTAVA

Holding

The court held that the petitioner may approach the lower court to seek cancellation of the provisional bail, and the present application is disposed off.

Summary

The petitioner, Gulab Devi, filed an application seeking cancellation of the provisional bail granted to eight accused under the SC/ST Act in a case arising from Kumarkhand police station. The bail had been ordered by the Additional Sessions Judge‑I‑cum‑Special Judge, SC/ST Act, Madhepura, without hearing the informant. The petitioner argued that the informant’s right to be heard was violated. The Patna High Court, after hearing counsel, directed the petitioner to move the lower court within two weeks to file a fresh application for bail cancellation, and if filed, the lower court must dispose of it within four weeks. Consequently, the present application for cancellation of provisional bail was disposed of by the High Court.

Issues considered

Whether a provisional bail granted without hearing the informant under the SC/ST Act can be cancelled by a higher court.

Legislation cited

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

Subjects

provisional bail
cancellation of bail
SC/ST Act
informant's right to be heard
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9501 of 2025
                  Arising out of PS. Case No.-222 Year-2024 Thana- KUMAR KHAND District- Madhepura
                 ======================================================
                 Gulab Devi W/o Jagdish Rishidev Resident of Village- Jorwaganj, Ward No.
                 10, P.S- Kumarkhand, District- Madhepura.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Prince Kumar Yadav @ Prince Kumar S/o Upendra Yadav R/o Village- Jo-
                 rawarganj, P.S- Kumarkhand, Distt.- Madhepura.
           3.    Ajay Kumar S/o Chandar Yadav R/o Village- Jorawarganj, P.S- Kumark-
                 hand, Distt.- Madhepura.
           4.    Rajesh Yadav S/o Ramdev Yadav R/o Village- Jorawarganj, P.S- Kumark-
                 hand, Distt.- Madhepura.
           5.    Jasmil Mehta S/o Fulten Mehta R/o Village- Jorawarganj, P.S- Kumarkhand,
                 Distt.- Madhepura.
           6.    Nunuwa Mehta @ Chandan Kumar Mehta @ Nunuya Mehta S/o Fulten
                 Mehta R/o Village- Jorawarganj, P.S- Kumarkhand, Distt.- Madhepura.
           7.    Siyo Mehta @ Sudha Kant Kumar Mehta S/o Ramdev Mehta R/o Village-
                 Jorawarganj, P.S- Kumarkhand, Distt.- Madhepura.
           8.    Mithu Mehta @ Pratap S/o Siyo Mehta R/o Village- Jorawarganj, P.S- Ku-
                 markhand, Distt.- Madhepura.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Uday Chand Prasad, Advocate
                                                Mr. Manoj Kumar, Advocate
                                                Ms. Pooja Prasad, Advocate
                 For the Opposite Party/s:      Mr. Binay Krishna, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   12-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The present application for cancellation of provi-

                   sional bail has been filed against the order dated 30.10.2024

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

                   cum-Special Judge, SC/ST Act, Madhepura in Cr. Misc. No. 192
               Patna High Court CR. MISC. No.9501 of 2025(3) dt.12-01-2026
                                           2/2




           of 2024 arising out of Kumarkhand P.S. Case No. 222 of 2024

           whereby and whereunder the provisional bail was granted to the

           opposite parties no. 2 to 8.

                        3. It has been submitted that the provisional bail was

           granted to the opposite parties till submission of charge-sheet,

           but the petitioner, being the informant of the case instituted un-

           der provisions of SC/ST Act, was not heard before passing of

           such order.

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

           liberty to move the Court concerned which had granted the priv-

           ilege of provisional bail to the opposite parties by filing an ap-

           plication for cancellation of the provisional bail which would be

           filed within a period of two weeks from today. If such an appli-

           cation is filed before the Court concerned, the same shall be dis-

           posed off within a period of four weeks thereafter.

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

           posed off.


                                   (Soni Shrivastava, J)
Vikash/-

U      T

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