Patna High Court

Rabbani SekhversusThe State of Bihar

Decided: 25 February 2026
Disposal: WITHDRAWN
Bench: SOURENDRA PANDEY

Holding

The Court held that the petitioner may withdraw the application and is permitted to surrender and subsequently apply for regular bail.

Summary

The petitioner, Rabbani Sekh, filed an application before the High Court seeking relief in a criminal matter. He later approached the Court requesting to withdraw that application and to be allowed to surrender before the lower court. The Court considered whether it could permit the withdrawal and grant liberty to surrender without prejudice to any future bail application. After hearing counsel, the Court granted permission to withdraw the application and allowed the petitioner to move for regular bail. Consequently, the application was dismissed as withdrawn, with the liberty to surrender and seek bail retained.

Issues considered

Whether the petitioner may withdraw the pending application and be granted liberty to surrender before the lower court

Subjects

withdrawal of application
surrender
regular bail
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11747 of 2026
                        Arising Out of PS. Case No.-232 Year-2025 Thana- KADWA District- Katihar
                 ======================================================
                 Rabbani Sekh S/O Late Sukhu Sekh Resident of Village- Haruchak, P.S.-
                 Malda, W.B.
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Md Musowir, Adv.
                 For the Opposite Party/s :        Ms.Renuka Ratnakar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   25-02-2026                  After some arguments, the learned counsel for the

                   petitioner seeks to withdraw the present application with a

                   prayer that he may be granted to surrender before the learned

                   Court below.

                                2. Permission is accorded.

                                3. The petitioner is permitted to withdraw the present

                   application with a liberty to surrender and move for regular bail

                   which shall be considered without being prejudiced by the

                   withdrawal of the present application.

                                4. Accordingly, the present application stands

                   dismissed as withdrawn with the aforesaid liberty.



                                              (Sourendra Pandey, J)
Gautam/-
U     T

Continue reading with your account

Checking your session…