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Patna High Court

Ghanshyam MandalversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application is dismissed as withdrawn.

Summary

The petitioner, Ghanshyam Mandal, was facing an application for the recovery of arms allegedly in his constructive possession. He contended that no such recovery had been made and, relying on his antecedent circumstances, sought permission to withdraw the application. The learned counsel for the petitioner argued for withdrawal, and the court considered whether such a withdrawal could be permitted. Justice Ajit Kumar granted the petitioner's request, allowing the application to be withdrawn. Consequently, the application was dismissed as withdrawn. The court further directed that the petitioner may surrender before the lower court and apply for regular bail in accordance with law.

Issues considered

  • Whether the application for recovery of arms can be withdrawn by the petitioner

Subjects

  • arms seizure
  • constructive possession
  • withdrawal of application
  • bail

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.27891 of 2026
                    Arising Out of PS. Case No.-571 Year-2025 Thana- SULTANGANJ District- Bhagalpur
                  ======================================================
                  Ghanshyam Mandal S/o Prakash Mandal R/o Village - Dudhaila, P.S.
                  -Sultanganj, Dist. -Bhagalpur.                     ... ... Petitioner/s
                                                 Versus
                  The State of Bihar                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Devendra Kumar Pandey
                  For the Opposite Party/s :      Mr. Shahabuddin Azeem @ S. Azeem
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                        ORAL ORDER

3    06-05-2026                        Heard learned counsel for the parties.

                                    2. Learned counsel for the petitioner submits that

                    no recovery of Arms is said to have been made from the

                    constructive possession of this petitioner but looking to his

                    antecedent, he seeks permission to withdraw this application.

                                    3. Permission is granted.

                                    4. Accordingly, the instant application is dismissed

                    as withdrawn.

                                    5. However, petitioner is at liberty to surrender

                    before the learned Court below and seek regular bail and the

                    learned Court below would pass the order in accordance with

                    law.



                                                             (Ajit Kumar, J)
shikha/-

U          T


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