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2026 DAILYLAW 24877 (PAT)

Updesh Kumar v. The State of Bihar

CR. MISC./43749/2026 · 2026-07-15

Sandeep Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43749 of 2026 Arising Out of PS. Case No.-139 Year-2025 Thana- CHARPOKHARI District- Bhojpur ====================================================== Updesh Kumar S/o- Ajit Ray Resident of Village- Balbandh PS- Charpkhari District- Bhojpuri At Ara ... ... Petitioner/s Versus 1. The State of Bihar 2. Anshu Kumar @ Anshu Ray S/o- Surendra Bhatt R/v- Balabandh Ps- Charpokhari Dist- Bhojpur 3. Chunmun KUmar @ Rajnish Kumar S/o- Late Vishwanath Bhatt R/v- Balabandh Ps- Charpokhari Dist- Bhojpur 4. Vikki Kumar @ Vikash Kumar Ray S/o- Late Vishwanath Bhatt R/v- Balabandh Ps- Charpokhari Dist- Bhojpur 5. Yash Kumar @ Vikash Kumar Ray S/o- Sudhir Kumar R/v- Balabandh Ps- Charpokhari Dist- Bhojpur 6. Aman Kumar @ Aman Kumar Ray S/o- Late Vinay Kumar R/v- Balabandh Ps- Charpokhari Dist- Bhojpur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajnikant For the Opposite Party/s : Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 15-07-2026 Heard the learned counsel for the petitioner and the learned counsel for the State. 2. The present application has been filed seeking cancellation of the bail granted to Opposite Party Nos. 2 to 6 by the learned Additional Sessions Judge-XIII, Bhojpur at Ara, in A.B.P. No. 2238 of 2025, vide order dated 05.08.2025, arising out of Charpokhri P.S. Case No. 139 of 2025, registered for the offences punishable under Sections 126(2), 115, 353, 351(2), Patna High Court CR. MISC. No.43749 of 2026(2) dt.15-07-2026 2/3 118(2), 303(2), 109, and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the petitioner submits that, after being granted the privilege of anticipatory bail, Opposite Party Nos. 2 to 6 have been threatening the petitioner as well as other prosecution witnesses and are misusing the liberty granted to them by the learned court below. It is further submitted that Opposite Party Nos. 2 to 6 are interfering with the fair conduct of the trial, thereby warranting cancellation of the bail granted to them. 4. Having regard to the nature of allegations made in the present application, this Court grants liberty to the petitioner to submit an appropriate representation, if not already submitted, before the Superintendent of Police, Bhojpur at Ara, with regard to the alleged threats and apprehension expressed by the petitioner. 5. In the event such representation is filed, the Superintendent of Police, Bhojpur at Ara, shall look into the matter himself and shall take appropriate action in accordance with law, if any threat, intimidation or attempt to influence the petitioner or other witnesses is found. 6. The petitioner is also granted liberty to approach Patna High Court CR. MISC. No.43749 of 2026(2) dt.15-07-2026 3/3 the learned court below by filing an appropriate application seeking cancellation of the anticipatory bail granted to Opposite Party Nos. 2 to 6 on the grounds urged in the present application. 7. In the event such an application is filed, the learned court below shall consider and dispose of the same on its own merits, in accordance with law, preferably within a period of one month from the date of its filing. 8. With the aforesaid observations and directions, this application is disposed of. 9. It is made clear that this Court has not expressed any opinion on the merits of the rival contentions, which are left open to be urged before the learned court below. Needless to say, if the petitioner is still aggrieved after the decision of the learned court below, he/she shall be at liberty to approach this Court again, in accordance with law. Shishir/- (Sandeep Kumar, J) U T