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Patna High Court

Awadhesh Ranjan JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court disposed of the application, granting liberty to surrender and directing the trial court to hear the regular bail application on its merits without prejudice.

Summary

Awadhesh Ranjan Jha, the appellant, filed an application before the Patna High Court seeking permission to withdraw that application so that he could surrender before the trial court and apply for regular bail on its merits. The learned counsel for the appellant requested this withdrawal. The court held that the trial court should not be prejudiced by the withdrawal and must hear the appellant’s bail application on its merits, delivering a reasoned order the same day. Consequently, the High Court disposed of the present application, granting the appellant liberty to surrender and seek regular bail. The order emphasized that the trial court’s proceedings would continue unaffected by the withdrawal.

Issues considered

  • Whether an appellant may withdraw an application seeking bail in order to surrender and subsequently apply for regular bail before the trial court

Subjects

  • bail
  • withdrawal of application
  • surrender
  • criminal procedure
  • high court order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4343 of 2025
                  Arising Out of PS. Case No.-12 Year-2023 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Awadhesh Ranjan Jha S/O Surendra Jha @ Surendra Ranjan Jha Resident of
                 Ram Pratap Road, Alpana Bank Colony, Lane No.- 14, P.S- Rupaspur,
                 Danapur, District- Patna

                                                                               ... ... Appellant/s
                                                     Versus
           1.    The State of Bihar
           2.    Abhishek Kumar Paswan S/O Sunil Paswan R/O Vill.- Daudpur Raghopur,
                 Danapur - cum- Khagaul at present Arayan Samaj Mandir Road, R.P.S
                 More, Danapur, P.S- Danapur, Dist.- Patna.

                                                                             ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr.Murli Manohar Singh, Advocate
                 For the Respondent/s   :       Mr.Sadanand Paswan, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   23-02-2026                    Heard the learned counsel for the parties.

                               2. After some arguments, learned counsel for the

                   appellant seeks permission to withdraw the present

                   application in order to surrender before the learned Trial

                   Court and seek regular bail on its own merits.

                               3. It goes without saying that the learned Trial

                   Court shall not be prejudiced by the withdrawal of the

                   present application and shall hear the application of the

                   appellant on its own merits and pass a reasoned order on the

                   same day after hearing the parties.
               Patna High Court CR. APP (SJ) No.4343 of 2025(3) dt.23-02-2026
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                                      4. The present application stands disposed of with

                         the aforesaid liberty.



                                                   (Sourendra Pandey, J)
aditya/-

U          T


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