Patna High Court

Sager PatelversusThe State of Bihar

Decided: 19 June 2026
Disposal: WITHDRAWN
Bench: RAJIV ROY

Holding

The bail application is dismissed as withdrawn because the petitioner, having been convicted, is no longer entitled to seek bail.

Summary

The petitioner, Sager Patel, was in custody for offences under multiple sections of the BNS and Section 27 of the Arms Act. During the pendency of his petition, he was convicted of those offences. His counsel, Mr. Naresh Prasad, moved that the petition be withdrawn on the ground of conviction. The court considered whether a bail application could be dismissed as withdrawn after conviction. It held that the bail application could indeed be dismissed as the petitioner no longer had a right to seek bail. Consequently, the bail application was dismissed as withdrawn.

Issues considered

Whether a bail application can be dismissed as withdrawn when the petitioner has been convicted.
Whether a petitioner may withdraw a criminal petition after conviction.

Legislation cited

Arms Act — s. 27
BNS — s. 109, 115(2), 117(2), 118(1), 118(2), 190, 191(1), 191(2), 3(5), 351(4), 352

Subjects

bail
withdrawal of petition
conviction
Arms Act
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.13611 of 2026
                        Arising Out of PS. Case No.-1 Year-2025 Thana- HATHUA District- Gopalganj
                  ======================================================
                  Sager Patel Son of Mahesh Patel Resident of Village- Manichhaper, P.S.-
                  Hathua, District- Gopalganj
                                                                        ... ... Petitioner/s
                                                 Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Naresh Prasad, Adv.
                  For the Opposite Party/s :       Mr. Ajay Kumar Jha, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

4    19-06-2026                  Heard the parties.

                                 2. The petitioner is in custody in connection with Hathua

                    P.S. Case No. 01 of 2025 for the offence punishable under sections

                    191(1), 191(2), 190, 115(2), 118(1), 118(2), 117(2), 109, 352, 351(4),

                    3(5) of the BNS and Section 27 of the Arms Act.

                                 2. Mr. Naresh Prasad, learned counsel for the petitioner

                    submits that during the pendency of the petition, the petitioner stands

                    convicted and as such, he may be permitted to withdraw the petition.

                                 3. Accordingly, the bail application stands dismissed as

                    withdrawn.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U      T

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