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Patna High Court

Sandeep Mishra @ Sandeep Mishr @ Sandeep KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court allowed the withdrawal of the bail application, permitted surrender, and directed the District Court to consider the regular bail application on the same day.

Summary

The petitioner, Sandeep Mishra, filed a bail application before the Patna High Court in Criminal Miscellaneous No.11199 of 2026. The petitioner’s counsel later sought to withdraw the bail application and requested liberty to surrender before the learned District Court and apply for regular bail. The Court considered the submission and directed that the petitioner may surrender before the District Court, which was instructed to hear the regular bail application on the same day based on the material gathered during investigation. The High Court consequently disposed of the original bail application. No statutory provisions or precedents were cited.

Issues considered

  • Whether a bail application can be withdrawn and the petitioner be permitted to surrender before the District Court for regular bail
  • Whether the High Court can direct the District Court to consider the regular bail application on the same day based on investigation material

Subjects

  • bail
  • withdrawal of bail application
  • surrender
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11199 of 2026
                        Arising Out of PS. Case No.-300 Year-2025 Thana- SUPAUL District- Supaul
                 ======================================================
                 Sandeep Mishra @ Sandeep Mishr @ Sandeep Kumar Son of Shri Dayanath
                 Mishra @ Dayanath Mishr R/o Village - Karnpur Ward no. 08, P.S. - Supaul,
                 District - Supaul.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pramod Mishra, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   06-05-2026                      Heard learned counsels appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. After some arguments, learned counsel appearing

                   on behalf of the petitioner seeks to withdraw the present bail

                   application with a liberty to the petitioner to surrender before

                   the learned District Court and seek regular bail.

                                3. Considering the aforesaid submission made on

                   behalf of the petitioner, the petitioner, if so advised, may

                   surrender before the learned District Court and seek regular bail.

                   In that case, the learned District Court is directed to consider the

                   bail application of the petitioner on the same day on the basis of

                   material which has come in course of investigation.

                                4. Accordingly, the present bail application stands
              Patna High Court CR. MISC. No.11199 of 2026(4) dt.06-05-2026
                                                          2/2




                        disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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