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Patna High Court

Chandan Kumar @ Chandan Kumar PaswanversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The bail application is dismissed as withdrawn, and the petitioner may seek regular bail before the District Court, which is directed to consider it on the same day.

Summary

The petitioner, Chandan Kumar Paswan, filed a bail application in the Patna High Court in connection with a criminal case (PS Case No. 54 of 2026). He later sought to withdraw the bail application, and his counsel requested permission to do so. The Court, after hearing counsel for both parties, granted permission to withdraw the application and dismissed it as withdrawn. The Court further directed that, should the petitioner wish, he may surrender before the District Court and file a regular bail application, which the District Court must consider on the same day based on the existing record. The order thus disposes of the withdrawal application while providing procedural guidance for any subsequent bail proceedings.

Issues considered

  • Whether a bail application filed before the High Court can be withdrawn by the petitioner.
  • Whether the High Court can direct the District Court to consider a fresh bail application on the same day.

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • high court
  • district court
  • direction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25377 of 2026
                       Arising Out of PS. Case No.-54 Year-2026 Thana- NAUBATPUR District- Patna
                 ======================================================
                 Chandan Kumar @ Chandan Kumar Paswan Son of Ram Avtar Ram, Resi-
                 dent of Village- Tulsi Nawada, P.S.- Jagdishpur, District- Bhojpur, Ara

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Union of India though the Secretary, Narcotic Drugs and Psychotropic Sub-
                 stance (N.D.P.S.) India

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Surendra Kishore Thakur, Advocate
                 For the Opposite Party/s        :       Mr.Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   22-04-2026                    Heard learned counsel appearing on behalf of the pe-

                   titioner and the learned APP for the State.

                                2. Learned counsel appearing on behalf of the

                   petitioner seeks to withdraw the present bail application.

                                3. Permission accorded.

                                4. The present application is accordingly dismissed as

                   withdrawn.

                                5. However, if the petitioner so advised, he may

                   surrender before the learned district court and seek regular bail.

                                6. The learned District Court is directed to consider

                   the bail application of the petitioner on the same day and pass

                   necessary order on the basis of materials available on the record
            Patna High Court CR. MISC. No.25377 of 2026(2) dt.22-04-2026
                                                        2/2




                      in accordance with law.

                                   7. With the above observation/direction, the present

                      application stands disposed of.



                                                (Purnendu Singh, J)
chn/-

U       T


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