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Patna High Court

Shanti Kuwr @ Shanti Kuer @ Shanti KunwaversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application for regular bail is dismissed as withdrawn, with the liberty to renew the bail request retained.

Summary

Shanti Kuwr, the petitioner, sought regular bail in a criminal case registered under sections 80(2), 238(a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. An earlier bail application had been rejected, but the court had allowed her to renew the bail request after the charge was framed or after three months, whichever was later. The petitioner’s counsel later asked permission to withdraw the fresh bail application, invoking the liberty previously granted. The court accepted the withdrawal and dismissed the application, while preserving the earlier liberty to renew bail at the appropriate time. No substantive merits of the bail claim were decided.

Issues considered

  • Whether the petitioner may withdraw the application for regular bail after being granted liberty to renew it
  • Whether the liberty to renew the bail application remains after withdrawal

Legislation cited

Subjects

  • regular bail
  • withdrawal of application
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • bail liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23119 of 2026
                      Arising Out of PS. Case No.-302 Year-2025 Thana- KARAHGAR District- Rohtas
                 ======================================================
                 Shanti Kuwr @ Shanti Kuer @ Shanti Kunwa, Wife of Late Hiralal Thakur @
                 Hira Thakur @ Hiralal Sharma, Resident of Village -Baheri PS- Kargahar
                 Dist- Rohtas

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Babu Nandan Prasad, Advocate
                                                  Mr. Dinesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   03-04-2026                   Heard learned counsel for the parties.

                                 2. The petitioner has renewed her prayer for grant of

                   regular bail in connection with Karahgar P.S. Case no.302 of

                   2025, registered under sections 80(2), 238(a) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                 3. The earlier application for bail of the petitioner was

                   rejected vide order dated 24.2.2026 passed in Cr. Misc.

                   no.87721 of 2025 giving liberty to the petitioner to renew her

                   prayer for bail after framing of charge or after three months,

                   whichever is later.

                                 4. After some argument, learned counsel for the

                   petitioner seeks permission to withdraw this application to

                   renew her prayer for bail as per the liberty granted in the
            Patna High Court CR. MISC. No.23119 of 2026(2) dt.03-04-2026
                                                        2/2




                      aforesaid order dated 24.2.2026 (Annexure P-1).

                                   5. The application is dismissed as withdrawn with the

                      aforesaid liberty.


                                                       (Partha Sarthy, J)
avinash/-

U      T


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