Patna High Court
Bittu Kunwar @ Chaman Kunwar @ Bittu Kumar @ Chaman Kumar@ Bittu Singh @ BittuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
- Code of Criminal Procedure, 1973 — s. 449
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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