Patna High Court
Awadhesh Kushwaha @ Awadhesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The High Court declined to quash the order and instead directed the petitioner to surrender within four weeks, after which the bail application would be considered.
Summary
The petitioner, Awadhesh Kushwaha, filed an application seeking to quash the order dated 23 November 2022 that cancelled his bail bonds and directed the issuance of a non‑bailable warrant in PS Case No. 331 of 2020. The High Court examined the petition and the State’s response, focusing on the petitioner’s failure to appear before the lower court as required. The Court observed that the petitioner had defaulted on his appearance and therefore could not be granted relief to set aside the cancellation of bail. Consequently, the Court directed the petitioner to surrender before the trial court within four weeks. Upon surrender, the trial court was instructed to consider and dispose of the bail application on the same day, taking into account the reasons for his earlier default. The application was thereafter disposed of by the High Court.
Issues considered
- Whether the order cancelling the bail bonds and directing a non‑bailable warrant can be quashed.
- Whether the petitioner’s failure to appear before the lower court justifies the cancellation of bail.
Subjects
- bail
- quash order
- non‑bailable warrant
- surrender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85758 of 2025
Arising Out of PS. Case No.-331 Year-2020 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Awadhesh Kushwaha @ Awadhesh Kumar Son of Mahadev @ Mahadev Ji
Kushwaha@ Mahadev Kushwaha Resident of Village- Taraya Sujan, ps-
Taraya Sujan, Dist- Kusinagar, UP
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Ranjan, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 17-04-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The present application has been filed seeking
quashing of the order dated 23.11.2022 passed in Kuchaikote
P.S. Case No. 331 of 2020, whereby the learned court below has
cancelled the bail bonds of the petitioner and directed issuance
of non-bailable warrant against him.
3. Having regard to the facts and circumstances of the
case, the petitioner is directed to surrender before the court
below within a period of four weeks from today.
4. Upon surrender, the learned court below shall
consider and dispose of the bail application of the petitioner on
the same day taking into account the grounds for his earlier
Patna High Court CR. MISC. No.85758 of 2025(2) dt.17-04-2026
2/2
default in appearing before the court on the date fixed.
5. With the aforesaid observation and direction, the
application stands disposed of.
(Praveen Kumar, J)
Jyoti/-
U T
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