Patna High Court

Chandan MukhiyaversusThe State of Bihar

Decided: 24 February 2026
Disposal: WITHDRAWN
Bench: SONI SHRIVASTAVA

Holding

A bail application can be withdrawn upon the Court's permission, and the Court may dismiss it as withdrawn.

Summary

The petitioner, Chandan Mukhiya, filed a bail application in Criminal Miscellaneous No. 68356 of 2025 arising from PS Case No. 385 of 2024. During the hearing on 24-02-2026, senior counsel for the petitioner sought the court's permission to withdraw the bail application so that a fresh application could be filed at a later stage if the case did not progress substantially. The learned counsel argued that withdrawal would not prejudice the petitioner and would allow a more appropriate filing. The Court, after hearing both sides, granted the request, allowing the withdrawal. Consequently, the bail application was dismissed as withdrawn, with liberty to re‑apply later.

Issues considered

Whether a bail application may be withdrawn at the request of the petitioner with the Court's permission

Subjects

bail
withdrawal
criminal procedure
high court
application dismissed

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.68356 of 2025
                       Arising Out of PS. Case No.-385 Year-2024 Thana- KEWATI District- Darbhanga
                  ======================================================
                  Chandan Mukhiya S/O Sitaram Mukhiya R/o Village- Debhari, P.s.- Pandaul,
                  Dist.- Madhubani
                                                                          ... ... Petitioner/s
                                                Versus
                  The State of Bihar
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. N.K. Agrawal, Sr. Advocate
                                           :       Mr. Baidyanath Prasad, Advocate
                  For the Opposite Party/s :       Mr. Surendra Prasad Singh, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

6    24-02-2026                      Heard learned Senior counsel for the petitioner and

                    learned APP for the State.

                                     2. After some arguments, learned Senior counsel

                    for the petitioner seeks permission to withdraw the present bail

                    application in order to renew his prayer for bail at an

                    appropriate stage in case no substantial progress is made in the

                    case.

                                     3. Permission is granted.

                                     4. Accordingly, this application is dismissed as

                    withdrawn with the aforesaid liberty.



                                               (Soni Shrivastava, J)
anand/-
U       T

Continue reading with your account

Checking your session…