IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58839 of 2021 Arising Out of PS. Case No.-450 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== SANTOSH KUMAR GUPTA SON OF BASISTH PRASAD R/O VILLAGE AND P.O.- GURWALIYA, HIRAPAKAR, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s Versus 1. The State of Bihar 2. AMOD KUMAR MISHRA LMADAN MOHAN MISHRA R/O VILLAGE- PAKADI VISHAULI AMOLBA, P.S.- GAUNHA, DISTRICT- WEST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Sharma, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 02-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. This Cr. Misc. petition has been filed to cancel the regular bail of the O.P. No. 2 which was granted by learned Sessions Judge, West Champran, Bettiah vide order dated 27.07.2021 in B.P. No. 2402 of 2021. 3. Learned counsel for the petitioner submits that the learned court concerned has granted regular bail to the O.P. No. 2 ignoring that the documents on record filed by O.P. No. 2 was not genuine and there is ample material against him of his involvement in the offence. The allegation against O.P. No. 2 is that deposit money of customers was not credited in their Patna High Court CR. MISC. No.58839 of 2021(2) dt.02-12-2025 2/3 account while O.P. No. 2 was running Customer Service Point. He submits that the regular bail granted to the O.P. No. 2 may be cancelled on this ground. 4. Learned A.P.P. for the State opposed the prayer of the petitioner and submits that the regular bail granted to the O.P. No. 2 was on merit of the case on considering the facts and circumstances of the case which cannot be said to be illegal or pervrse. Hence, no ground is made out by the petitioner to cancel the bail of the O.P. No. 2, at this stage. 5. Law is well settled that cancellation of bail is distinct from revocation of an order granting bail. If the order granting bail is perverse one or passed on irrelevant material, it can be annulled by the superior court. There is also a distinction beetween the concept of setting aside an unjustified, illegal or perverse order and cancellation of an order of bail on the ground that the accused has misconducted himself or certain supervening circumstances warrant such cancellation. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as the period of custody, the learned court concerned has granted regular bail to O.P. No. 2 vide order dated 27.07.2021 in B.P. No. 2402 of 2021 who is facing trial and there is no allegation Patna High Court CR. MISC. No.58839 of 2021(2) dt.02-12-2025 3/3 that he is misusing the liberty granted to him. Accordingly, no case is made out for cancellation of bail of the O.P. No. 2 at this stage. 7. The present Cr. Misc. petition for cancellation of regular bail of O.P. No. 2 stands dismissed. khushbu/- (Sunil Dutta Mishra, J) U T