Shankar Prasad @ Shankar Kumar Lal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49631 of 2016 Arising Out of PS. Case No.-866 Year-2014 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Shankar Prasad @ Shankar Kumar Lal son of Satish Chandra Verma, resident of Gandhi Nagar, Madhubani, P.S. K.Hat, District-Purnia. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Chandan Kumar, Son of late Jitendra Kumar Sinha. 3.

Kundan Kumar son of late Jitendra Kumar Sinha. 4.

Nawal Kishore, son of late Lilanand.

2,3,4 are resident of Naya Bazar, Saharsa, P.S.- Saharsa, District-Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-04-2024

1. Learned Counsel for the petitioner submits that the learned Sessions Judge, Purnea, in A.B.P. No. 1470 of 2014, granted anticipatory bail to Opposite Party Nos. 2 to 4 on 10.12.2014 in connection with Complaint Case No. 866 of 2014, in which cognizance was taken for the offences punishable under Sections 420/406/566/467/468/ 474/471/195/380/34/120-B of the Indian Penal Code.

2. The petitioner filed cancellation of anticipatory bail granted to Opposite Party Nos. 2 to 4, in Criminal Misc. No. 10 of 2015, on the ground that the Opposite Party Nos. 2 to 4, after obtaining privilege of anticipatory bail,

Patna High Court CR. MISC. No.49631 of 2016(2) dt.04-04-2024 2/3 started abusing and threatening the petitioner to withdraw the case and also threatening the witnesses. He submits that Criminal Misc. No. 10 of 2015 has been dismissed by learned Sessions Judge, Purnea, on the ground that the petitioner did not make the State of Bihar as party and further the cancellation of bail application has been filed in the same court, which is not maintainable in the eyes of law.

3. Learned Counsel relies upon a decision of the Supreme Court, in the case of Dinesh M.N. (S.P.) v. State of Gujarat (AIR 2008 SC 2318) and submits that cancellation of bail can be filed before the court granting the bail if it is court of sessions or the High Court.

4. I have heard learned Counsel for the parties concerned.

5. There is no dispute regarding the proposition of law that cancellation of bail can be filed before the court of sessions or the High Court, as per law. The impugned order refusing cancellation of bail on certain grounds was passed in the year 2016. Now, after nine years, this Court does not want to interfere with the order granting anticipatory bail to Opposite Party Nos. 2 to 4 in exercise of its inherent power.

Patna High Court CR. MISC. No.49631 of 2016(2) dt.04-04-2024 3/3

6. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √