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Patna High Court

Bittu Kunwar @ Chaman Kunwar @ Bittu Kumar @ Chaman Kumar@ Bittu Singh @ BittuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the withdrawal of the bail application and granted liberty to approach the appropriate court under Section 449 of the CrPC.

Summary

The petitioner, Bittu Kunwar, was implicated in Sessions Trial No. 217 of 2022 arising from Kotwali P.S. case No. 87 of 2021. He filed a bail application before the Patna High Court. During the hearing, he sought permission to withdraw the bail application and instead avail the remedy under Section 449 of the Code of Criminal Procedure, 1973 against any cancellation of his bail bond. The Court considered whether such withdrawal and the alternative remedy were permissible. It granted the petitioner's request, allowing withdrawal of the bail application and liberty to pursue relief under Section 449. Accordingly, the bail application was disposed of with the said liberty.

Issues considered

  • Whether the petitioner may withdraw his bail application and seek relief under Section 449 of the CrPC against cancellation of the bail bond

Legislation cited

Subjects

  • bail
  • withdrawal of application
  • Section 449
  • cancellation of bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85213 of 2025
                    Arising Out of PS. Case No.-87 Year-2021 Thana- BHAGALPUR KOTWALI District-
                                                         Bhagalpur
                 ======================================================
                 Bittu Kunwar @ Chaman Kunwar @ Bittu Kumar @ Chaman Kumar@ Bittu
                 Singh @ Bittu S/O Subhash Kumar R/O Village - Sonbarsha, P.S - Bihpur,
                 District - Bhagalpur

                                                                               ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                                          ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aditya Nath Pandey, Advocate
                 For the Opposite Party/s :      Mr. Raj Ballabh Singh, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                                                 ORAL ORDER

3   25-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Learned counsel for the petitioner after some

                   argument seeks permission to withdraw the present bail

                   application with liberty to avail his remedy under section 449 of

                   the Code of Criminal Procedure, 1973 (Act No. 2 of 1974)

                   against cancellation of his bail bond.

                                3. Permission, as prayed for, is granted.

                                4. As such, the present bail application stands

                   disposed off with the aforesaid liberty with regard to the present
             Patna High Court CR. MISC. No.85213 of 2025(3) dt.25-02-2026
                                                         2/2




                       petitioner, in connection with Sessions Trial No. 217 of 2022

                       arising out of Kotwali P.S. Case No. 87 of 2021, pending in the

                       Court of District and Addl. Sessions Judge-XVI, Bhagalpur.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U      T


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