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Patna High Court

KANCHAN DEVIversusTHE STATE OF BIHAR

Decided
Disposal
DISPOSED

Holding

The application is disposed of, allowing the petitioner to avail other remedies.

Summary

Kanchan Devi filed an application before the Patna High Court seeking relief after a provisional bail had been granted to her by a coordinate bench of the same court in 2015. The petitioner later learned that the Sub‑Divisional Judicial Magistrate had rejected the bail bond of the opposite party for non‑compliance with conditions fixed by the High Court. Consequently, the petitioner moved the court to withdraw the present application and to pursue other legal remedies. The court, after hearing counsel, accepted the withdrawal and disposed of the application, granting the petitioner liberty to seek other remedies. No substantive merits of the bail issue were adjudicated as the application was withdrawn.

Issues considered

  • What is the appropriate procedural course when a petitioner seeks to withdraw an application after a prior bail order and subsequent rejection of a bail bond?

Subjects

  • bail
  • provisional bail
  • withdrawal of application
  • high court order
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 21277 of 2024

                 Arising out of PS. Case No.-625 Year-2012 Thana- MUNGER COMPLAINT CASE District-
                                                          Munger
                 ======================================================
                 Kanchan Devi, aged about 32 years, (Female), wife of Sri Kundan Kumar
                 Yadav, Daughter of Dinesh Yadav, Residing at Village-Hasangan, P.S.-Kasim
                 Bazar, District-Munger.

                                                                              ... ... Petitioner/s
                                                  Versus
                 1. The State of Bihar
                 2. Kundan Kumar Yadav, Son of Girish Yadav, Resident of Village-
                 Kanchangarb Bank, P.S.-Mufassil, District-Munger.

                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Amrendra Kumar Jha, Advocate
                 For the Opposite Party/s :     Mr. Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   09-01-2026                   Heard learned counsel for the petitioner and learned

                    APP for the State.

                                 2. After some arguments, learned counsel for the peti-

                    tioner prays for withdrawal of the present application in order

                    to take recourse to other remedies available in law as the provi-

                    sional bail was granted to the petitioner by a Co-ordinate Bench

                    of this Court vide order dated 27.02.2015 passed in Cr. Misc.

                    No. 8083 of 2015 but by an order dated 16.12.2023 passed by

                    the learned Court of Sub-divisional Judicial Magistrate,

                    Munger, the application of Opposite Party No. 2 for acceptance

                    of bail bonds has already been rejected on non-compliance of

                    conditions fixed by the High Court.
                      Patna High Court CR. MISC. No.21277 of 2024(4) dt.09-01-2026
                                                  2/2




                             3. In such view of the matter, this application is dis-

               posed off with liberty to the petitioner to avail other remedies in

               law.


Vikash/-                                                  (Soni Shrivastava, J)
U          T


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