Patna High Court
Shanti Kuwr @ Shanti Kuer @ Shanti KunwaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
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The application for regular bail is dismissed as withdrawn, with the liberty to renew the bail request retained.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
- Bharatiya Nyaya Sanhita, 2023 — s. 238(a), 3(5), 80(2)
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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