[Cites 2, Cited by 0]
Jharkhand High Court
Xxx vs The State Of Jharkhand on 10 April, 2026
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
[2026:JHHC:10416]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.131 of 2026
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XXX ... Petitioner
Versus
1. The State of Jharkhand
2. Rohit Kumar Singh, aged about 26 years, son of Raj Mohan Singh,
Resident of Village- Banai, P.O. and P.S.- Panki, District- Palamau
(Jharkhand) ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Ms. Ganga Kri. Kachhap, Advocate
For the State : Mr. Prabhu Dayal Agrawal, Spl. P.P.
For the O.P. No.2 : Mr. Lukesh Kumar, Advocate
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Order No:-07 Dated:-10-04-2026
Heard the parties.
This criminal miscellaneous petition has been filed invoking the
jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with the prayer
to cancel the anticipatory bail granted to the opposite party No.2 in terms of the
order dated 20.01.2025 passed in A.B.A. No.183 of 2025 by this Court.
The brief facts of the case is that the opposite party No.2 was given the
privileges of anticipatory bail by this Court vide the said order dated 20.01.2025
passed in A.B.A. No.183 of 2025 upon depositing cash security of Rs.1,00,000/-
and on furnishing bail bonds of Rs.25,000/- with two sureties with the
condition to co-operate with the investigation of the case and consequent upon
that, the opposite party No.2 has furnished the bail bonds and deposited the
said the said amount of cash security.
Learned counsel for the petitioner submits that the learned S.D.J.M.,
Palamau has issued process under Section 82 of Cr.P.C. against the opposite
party No.2 vide order dated 21.08.2024 but the same was quashed by this Court
vide order dated 05.12.2024 in Cr.M.P. No.3289 of 2024. It is next submitted that
on 02.01.2025, in connection with Chainpur P.S. Case No.104 of 2024, the
learned S.D.J.M Palamau passed the order for issuance of the process under
Section 82 of Cr.P.C. but the same has not been disclosed by the opposite party
No.2 of this case, in the said A.B.A. No.183 of 2025. Hence, it is submitted that
the anticipatory bail granted to the opposite party no.2 vide order dated
20.01.2025 passed in A.B.A. No.183 of 2025, be cancelled.
Learned Spl. P. P. appearing for the State and the learned counsel for the
opposite party No.2 on the other hand vehemently oppose the prayer of the
petitioner. Learned counsel for the opposite party No.2 submits that the said
A.B.A. No.183 of 2025 was filed in this Court on 19.12.2024 and by that date, no
order under Section 82 of Cr.P.C. was passed. The opposite party No.2 was
unaware about any order passed under Section 82 of Cr.P.C. having been
passed on 02.01.2025; when the matter was taken up for hearing and the
anticipatory bail was granted to the opposite party No.2 considering the merits
of the matter. Hence, the same cannot amount to suppression of material fact. It
is further submitted that no material could be placed by the petitioner to
suggest that the opposite party No.2 had the knowledge about the order dated
02.01.2025 passed by the learned S.D.J.M., Palamau in connection with
Chainpur P.S. Case No.104 of 2024 nor the petitioner could show that the
proclamation of the said process under Section 82 of Cr.P.C. was ever made
and if at all the proclamation has been made, then on which date the same was
made. Hence, it is submitted that the same will not amount to suppression. It is
further submitted that after being granted bail, there is no allegation against the
opposite party No.2 of being involved in any act of omission or commission
which would make him liable for cancellation of his bail. Therefore, it is
submitted that this Cr.M.P., being without any merit, be dismissed.
Having heard the rival submissions made at the Bar and after carefully
going through the materials available in the record, the undisputed fact
remains that the said A.B.A. No.183 of 2025 was filed on 19.12.2024 but by that
time there was no order under Section 82 of Cr.P.C. passed by the learned
S.D.J.M., Palamau. There is no material in the record to suggest that on
20.01.2025 when the anticipatory bail application of the opposite party No.2
was taken up for hearing and the order granting anticipatory bail was passed,
the opposite party No.2 was having knowledge of the said order dated
02.01.2025 passed by the learned S.D.J.M., Palamau issuing the process under
Section 82 of Cr.P.C. So, in the considered opinion of this Court this is not a
case of suppression of any material fact; more so in the absence of any material
to suggest that the opposite party No.2 was aware about the said order dated
02.01.2025.
Further, there is no allegation of any acts of omission or commission
having been committed by the opposite party No.2 which could be a ground
for cancellation of bail which has illustratively though not exhaustively been
reiterated by this Court in the case of Jyotshna Sharma @ Jyotsana Anand vs.
The State of Jharkhand & Others passed in Cr.M.P. No.2499 of 2021 which
read as under:-
i) interference or attempt to interfere with the due course of administration
of justice or;
ii) evasion or attempt to evade the due course of justice or;
iii) abuse of the concession granted to the accused in any manner.
iv) the satisfaction of the court, on the basis of material placed on the record
of the possibility of the accused absconding is yet another reason
justifying the cancellation of bail.
However, bail once granted should not be cancelled in a mechanical
manner without considering whether any supervening circumstances have
rendered it no longer conducive to a fair trial to allow the accused to retain his
freedom by enjoying the concession of bail during the trial.
Under such circumstances, this Court is of the considered view that this
is not a fit case where the prayer, as prayed for by the petitioner is to be
acceded to by this Court in exercise of its power under Section 528 of the
B.N.S.S., 2023. Accordingly, this Cr.M.P., being without any merit, is dismissed.
(Anil Kumar Choudhary, J.)
Dated-10.04.2026-Animesh/
