Patna High Court
SUNIL KUMAR TIWARIversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that, having been permitted to withdraw, the application for cancellation of bail is disposed of as withdrawn.
Summary
The petitioner, Sunil Kumar Tiwari, filed an application before the Patna High Court seeking cancellation of bail granted to the second respondent, Rajesh Kumar Tiwari. The ground for cancellation was alleged threats made by the second respondent. During the hearing, the petitioner’s counsel requested to withdraw the application, stating that the appropriate remedy lay with the court that originally granted bail. The court granted liberty to withdraw the application. Consequently, the High Court disposed of the matter as withdrawn, directing the petitioner to approach the appropriate lower court for any further relief.
Issues considered
- Whether the High Court should entertain the application for cancellation of bail when the petitioner wishes to withdraw it and approach the original bail‑granting court.
Subjects
- bail
- cancellation of bail
- withdrawal of application
- criminal procedure
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80234 of 2025
Arising Out of PS. Case No.-367 Year-2025 Thana- MASHRAK District- Saran
======================================================
Sunil Kumar Tiwari S/O Sri Prabhunath Tiwary R/O Village- Mashrak Shastri
Tola Yadu More, Ps- Mashrak, District Saran, State- Bihar. At Present- R/O Q
No. 2162, Sector- 6/C, Bokaro Steel City, Po- Sector 6, District Bokaro, State-
Jharkhand- 827006.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Rajesh Kumar Tiwari Vikarma Tiwari Ward Councillor Of Ward No. 2,
Mashrak Nagar Panchayat, Block- Mashrak, District Saran, Village-
Mashrak Shastri Tola Yadu More, Ps- Mashrak
2. Rajesh Kumar Tiwari S/O Vikarma Tiwari Ward Councillor Of Ward No. 2,
Mashrak Nagar Panchayat, Block- Mashrak, District Saran, R/O Village-
Mashrak Shastri Tola Yadu More, Ps- Mashrak, District Saran, State- Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Narayan
Mrs. Vandna Rani
Mr. Arya Kumar
For the Opposite Party/s : Mr.Shailendra Kumar Singh
======================================================
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 his remedy before the
learned court concerned which had granted bail to the opposite
party no. 2 in view of the fact that the ground for cancellation
being taken is that of threatening given by the opposite party no.
2 for which the desirable course would be to move before the
court which had granted bail to the opposite party no. 2.
Patna High Court CR. MISC. No.80234 of 2025(2) dt.06-01-2026
2/2
3. With such liberty, the present application is
disposed of as withdrawn.
(Soni Shrivastava, J)
devendra/-
U T
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