Disposed¶19

Anurag Tiwari @ Anuraj Tiwari v. The State of Bihar

Patna HC19 Jan 2026CR. MISC./83176/2025

Case brief

AI extract

What is this about?

Cancellation of anticipatory bail; withdrawal of Criminal Miscellaneous application; liberty to approach the bail-granting court; suppression of material facts as to criminal antecedents; threats to petitioner and family members; direction for disposal preferably within six weeks; Patna High Court; CR. MISC. No.83176 of 2025; Soni Shrivastava, J.; PS Case No.841 of 2025, Motihari Town, East Champaran; Anurag Tiwari @ Anuraj Tiwari v. The State of Bihar and Deva Gupta.

What did the court decide?

Liberty to the petitioner to withdraw the present application and to file an application for cancellation of the anticipatory bail granted to opposite party no.2 before the Court which granted bail, with a direction that such application, if filed, be disposed of preferably within six weeks. ¶19

Anurag Tiwari @ Anuraj Tiwari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the anticipatory bail granted to opposite party no.2 should be cancelled on the ground of suppression of material facts relating to his criminal antecedents and of threats held out to the petitioner and other family members. +1 more

¶15

Court's answer

The petitioner is granted liberty to raise the cancellation issues before the Court which granted bail to opposite party no.2 by way of filing an application; if such an application is filed, the learned Court concerned shall dispose of it preferably within a period of six weeks.

¶18

Ratio / Principle

Where cancellation of anticipatory bail is sought on grounds such as suppression of material facts and threats, the desirable course is to move before the Court which granted the anticipatory bail.

¶15

Detailed headnote1 paragraphs

Patna High Court (Soni Shrivastava, J.), order dated 19-01-2026 in Criminal Miscellaneous No.83176 of 2025 (arising out of PS Case No.841 of 2025, Motihari Town P.S., East Champaran), filed by Anurag Tiwari @ Anuraj Tiwari against the State of Bihar and Deva Gupta. The petitioner had sought cancellation of the anticipatory bail granted to opposite party no.2, the main ground being suppression of material facts with regard to criminal antecedents and threats held out to the petitioner and other family members. After some arguments, counsel for the petitioner sought to withdraw the application in order to make the cancellation prayer before the Court which had granted the anticipatory bail. Holding that the desirable course in such circumstances is to move before the Court which granted the anticipatory bail, the Court permitted the withdrawal, granted the petitioner liberty to raise the issues before that Court by filing an application, directed that any such application be disposed of preferably within six weeks, and disposed of the application with the aforesaid liberty.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83176 of 2025

¶2

Arising Out of PS. Case No.-841 Year-2025 Thana- MOTIHARI TOWN District- East Champaran

¶3

======================================================

¶4

Anurag Tiwari @ Anuraj Tiwari S/o Shri Shashikant Tiwari Resident of Village- Pipra, P.O.- Pipra, P.S.- Gobindpur, District- East Champaran, Bihar

¶5

... ... Petitioner/s

¶6

Versus

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The State of Bihar

¶8

Deva Gupta S/o Harikishore Prasad Gupta R/o - Ward No. -18 , Barhi tola, P.S.- Chhatauni, Distt.- East Champaran.

¶9

... ... Opposite Party/s

¶10

======================================================

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Appearance :

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For the Petitioner/s : Mr. Kumar Harshvardhan, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

¶13

3 19-01-2026 Heard learned counsel for the petitioner and learned

¶14

APP for the State.

¶15

After some arguments, learned counsel appearing for the petitioner seeks to withdraw the present application in order to make a prayer for cancellation of bail before the learned Court concerned, which has granted privilege of anticipatory bail to the opposite party no.2 as the main ground for cancellation is suppression of material facts with regard to criminal antecedents as also the threatening being given to the the petitioner and other family members. With regard to such grounds, the desirable course would be to move before the concerned Court which has granted privilege of anticipatory bail

¶16

Patna High Court CR. MISC. No.83176 of 2025(3) dt.19-01-2026 2/2

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to the opposite party no.2.

¶18

In such view of the matter, the petitioner is granted liberty to raise the issues before the Court concerned which has granted bail to the opposite party no.2 by way of filing an application and in case, if such an application is filed, the same would be disposed of by the learned Court concerned, preferably, within a period of six weeks.

¶19

With the aforesaid liberty, this application is disposed of.

¶20

(Soni Shrivastava, J)

¶21

anand/-

¶22

U T

Anurag Tiwari @ Anuraj Tiwari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anurag Tiwari @ Anuraj Tiwari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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Coram

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