Patna High Court

Savita DeviversusThe State of Bihar

Decided: 6 January 2026
Disposal: DISPOSED
Bench: SONI SHRIVASTAVA

Holding

An application for cancellation of bail may be withdrawn at the petitioner's request, and the court may dismiss it as withdrawn.

Summary

Savita Devi filed an application before the Patna High Court seeking cancellation of the regular bail granted to Rajesh Kumar in a criminal case. The petitioner argued for the cancellation, but later decided to withdraw the application. The court considered the petitioner's request to withdraw and the procedural propriety of allowing such withdrawal. No substantive discussion on the merits of the bail cancellation was required. The court permitted the withdrawal and dismissed the application as withdrawn, granting the petitioner liberty to seek relief before the appropriate court.

Issues considered

Whether an application for cancellation of bail may be withdrawn by the petitioner at any stage before a decision is rendered

Subjects

bail
cancellation of bail
withdrawal of application
criminal procedure
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.76126 of 2025
                            Arising Out of PS. Case No.-3 Year-2022 Thana- Kaler District- Arwal
                  ======================================================
                  Savita Devi W/o- Rajesh Kumar @ Pintu, D/o- Saryu Singh @ Saheb Deyal
                  Singh Village- Ojha Bigha, P.S. Kaler, District - Arwal
                                                                          ... ... Petitioner/s
                                                     Versus
             1.    The State of Bihar
             2.    Rajesh Kumar @ Pintu S/o- Late Sukhdev Singh R/v- Tmma Bigha Orani
                   Ps- Deokund Dist- Aurangabad
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Umesh Kumar
                  For the Opposite Party/s :        Mr.Uday Chand Prasad
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

2    06-01-2026                  Heard learned counsel for the petitioner and the

                    learned APP for the State.

                                 2. After some arguments, learned counsel for the

                    petitioner prays for withdrawal of the present application for

                    cancellation of bail in order to seek remedy of the same before

                    the learned court concerned which had granted regular bail to

                    the opposite party no. 2.

                                 3. Prayer is allowed.

                                 4. Accordingly, this application is dismissed as

                    withdrawn with the aforesaid liberty.



                                               (Soni Shrivastava, J)
devendra/-
U      T

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