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Patna High Court

Bijli DeviversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court permitted the withdrawal of the bail application and allowed the petitioners to surrender and seek regular bail.

Summary

Petitioners Bijli Devi and Vidhanand Sah filed a bail application in the Patna High Court. After hearing, they requested permission to withdraw the bail application and to surrender before the lower court within four weeks, seeking regular bail thereafter. The Court granted the request, allowing the withdrawal and directing that the petitioners may surrender and apply for regular bail. The application was dismissed as withdrawn. The Court ordered that any subsequent regular bail application will be considered on its merits without prejudice from the present order.

Issues considered

  • Whether a bail application may be withdrawn with the Court's permission.
  • Whether the petitioners may be granted liberty to surrender and seek regular bail after withdrawal.

Subjects

  • bail
  • withdrawal of bail application
  • regular bail
  • criminal procedure
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19238 of 2026
                   Arising Out of PS. Case No.-231 Year-2023 Thana- SONBERSHA RAJ District- Saharsa
                 ======================================================
           1.     Bijli Devi W/O Vidhanand Sah Resident Of Village- Jalsaha Bhitta, Ward
                  No. 9, P.s.- Sonbarsa Raj (Kashnagar Op), P.s.- Sonbarsa Raj, District-
                  Saharsa
           2.    Vidhanand Sah S/O Late Jagarnath Sah Resident Of Village- Jalsaha Bhitta,
                 Ward No. 9, P.s.- Sonbarsa Raj (Kashnagar Op), P.s.- Sonbarsa Raj, District-
                 Saharsa

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Amar Keshri S/O Late Satya Narayan Keshari Resident Of Village- Kopa,
                 Ward No. 14, P.s.- Sonbarsa Raj (Kashnagar Op), P.s.- Kashnagar, District-
                 Saharsa

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Mishra, Advocate
                 For the Opposite Party/s :       Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                    Heard Mr. Pramod Mishra, learned counsel for the

                   petitioners and Mr. Vinod Shanker Modi, Additional Public

                   Prosecutor for the State.

                                 2. After some arguments, learned counsel for the

                    petitioners seeks permission to withdraw this bail application

                    with a liberty to the petitioners to surrender before the learned

                    Court below within a period of four weeks from today and seek

                    regular bail.

                                 3. Permission is accorded.

                                4. The application is dismissed as withdrawn with the
            Patna High Court CR. MISC. No.19238 of 2026(2) dt.17-04-2026
                                                        2/2




                      liberty that the petitioners surrender and seek regular bail before

                      the learned Court below, the same shall be considered on the

                      same day on its own merit in accordance with law and without

                      being prejudiced by any observation in the present order.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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