Shubham Devi Vs The State of Bihar

The present application has been filed for cancellation of regular bail granted to the opposite party No. 2 by order dated 07.05.2024 passed in Cr. Misc. No. 35171 of 2024.

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Learned counsel for the petitioner submits that opposite party No. 2 has started misusing the privilege of bail by threatening the petitioner and her family members.

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This Court finds no ground for cancellation of regular bail in the light of the judgment rendered by the Hon’ble Supreme Court in the case of Dolat Ram and others Vs. State of Haryana reported in (1995) 1 SCC 349, wherein in paragraph no. 4, the Hon’ble Apex Court has held as under:

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“Rejection of bail in a non-bailable case

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Patna High Court CR. MISC. No.41924 of 2025(6) dt.09-01-2026 2/3

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at the initial stage and the cancellation of bail so granted, have to be considered and dealt with on different basis. Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail, already granted. The grounds for cancellation of bail, broadly (illustrative and not exhaustive) are: interference or attempt to interfere with the due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner.”

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It is also relevant to note that while granting regular bail to the opposite party no. 2 by order dated 07.05.2024 in Cr. Misc. No. 35171 of 2024, no specific condition was imposed thus in absence of any such express condition, a mere allegation of threat, without any supporting material, cannot by itself be treated as a violation of bail conditions so as to justify cancellation of bail. Cancellation of bail cannot be resorted to on vague or general allegations unless it is shown that the accused has deliberately abused the liberty granted by the Court or has acted in a manner prejudicial to the fair administration of justice.

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Patna High Court CR. MISC. No.41924 of 2025(6) dt.09-01-2026 3/3

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