Patna High Court
Umesh Prasad Ray @ Umesh RayversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- JITENDRA KUMAR
Holding
The High Court allowed the withdrawal of the petition, permitted surrender, and directed the trial court to hear the bail application on the same day, dismissing the petition as withdrawn.
Summary
The appellants, Umesh Prasad Ray and his sons, were implicated in a criminal case (PS Case No.66, 2025) in Samastipur. They filed a petition before the Patna High Court seeking permission to withdraw the petition, surrender before the trial court, and subsequently file a regular bail application. The State and the informant were represented, and the court examined whether such withdrawal and surrender were permissible. The court granted the request, directing the appellants to surrender on 10‑03‑2026 and ordering the lower court to hear their bail application on the same day, with the informant required to appear to contest it. Consequently, the High Court dismissed the petition as withdrawn.
Issues considered
- Whether a petitioner in a criminal matter may withdraw the petition and surrender before the trial court.
- Whether the trial court must entertain a bail application on the same day of surrender as directed by the High Court.
- Procedural rights of the informant to contest the bail application.
Subjects
- bail
- withdrawal of petition
- surrender
- criminal procedure
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3514 of 2025
Arising Out of PS. Case No.-66 Year-2025 Thana- SC/ST District- Samastipur
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1. Umesh Prasad Ray @ Umesh Ray S/O Late Bhuvaneshwar Ray R/O
Village- Halai Mahammdpur, P.S- Halai, Distt.- Samastipur.
2. Krishna Kumar S/O Umesh Prasad Ray @ Umesh Ray R/O Village- Halai
Mahammdpur, P.S- Halai, Distt.- Samastipur.
3. Shyam Nandan Kumar S/O Umesh Prasad Ray @ Umesh Ray R/O Village-
Halai Mahammdpur, P.S- Halai, Distt.- Samastipur.
4. Ram Nandan Kumar S/O Umesh Prasad Ray @ Umesh Ray R/O Village-
Halai Mahammdpur, P.S- Halai, Distt.- Samastipur.
5. Dev Nandan Ray S/O Umesh Prasad Ray @ Umesh Ray R/O Village- Halai
Mahammdpur, P.S- Halai, Distt.- Samastipur.
... ... Appellant/s
Versus
1. The State of Bihar
2. Shashi Bhushan Rajak S/O Maheshwar Rajak R/O Village and Post-
Kumaiya, P.S- Halai, Distt.- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Surya Narayan Roy, Advocate
For the State : Mr. Usha Kumari 1, Spl. P.P.
For the Informant : Mr. Brajesh Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 23-02-2026 After some argument, learned counsel for the
appellants is seeking permission to withdraw the present petition
with liberty to surrender before the Court below and file their
regular bail application.
2. Considering the submission of learned counsel for
the appellants, permission is granted to the appellants to
surrender before the Court below on 10.03.2026 and move
regular bail application and in the event of such surrender and
Patna High Court CR. APP (SJ) No.3514 of 2025(3) dt.23-02-2026
2/2
filing of regular bail application by the appellants, the Court
below is requested to hear their bail application on the same day
and the informant, who is represented here, is also directed to be
present in the Court below on 10.03.2026 to contest the regular
bail application of the appellants. If the informant does not
appear before the Court below on 10.03.2026 to contest the
regular bail application of the appellants, the Court below will
not be required to issue any further notice to the informant and
he can dispose of the regular bail application of the appellants
on the same day.
3. Accordingly, the present petition stands dismissed
as withdrawn with the aforesaid observation.
(Jitendra Kumar, J.)
ravishankar/-
U T
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