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Patna High Court

Umesh Prasad Ray @ Umesh RayversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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surrender, and directed the trial court to hear the bail application on the same day, dismissing the petition as withdrawn.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 Consequently, the High Court dismissed the petition as withdrawn.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
                 ======================================================
           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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