Patna High Court

Pankaj BindversusThe State of Bihar

Decided: 8 April 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The petitioner must surrender before the lower court, which shall dispose of his regular bail, and the application is disposed.

Summary

Petitioner Pankaj Bind filed an application seeking permission to withdraw it, contending that the charge‑sheet was filed under bailable offences while the magistrate had taken cognizance under Sections 307 and 379 of the Indian Penal Code, which are non‑bailable. The court examined whether the petitioner could withdraw the application and surrender before the lower court. Justice Praveen Kumar directed the petitioner to surrender before the trial court, which was instructed to consider regular bail on the same day. The application was consequently disposed of with this observation. The order effectively allowed the petitioner to seek bail after surrendering.

Issues considered

What is the appropriate procedure when a petitioner seeks to withdraw an application after cognizance has been taken under non‑bailable sections of the IPC?

Legislation cited

Indian Penal Code — s. 307, 379

Subjects

bail
withdrawal of application
cognizance
Indian Penal Code
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.19809 of 2026
                      Arising Out of PS. Case No.-151 Year-2019 Thana- CHANAN District- Lakhisarai
                  ======================================================
                  Pankaj Bind S/o Dwarika Bind R/o vill- NagandarTand, P.s- Chanan, District-
                  Lakhisarai
                                                                            ... ... Petitioner/s
                                                   Versus
                  The State of Bihar
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Mayank Bilochan, Advocate
                  For the Opposite Party/s :       Mr. Rajendra Prasad Nat, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    08-04-2026                  At the very outset, learned counsel for the petitioner

                    seeks permission to withdraw this application so as to appear

                    before the court below, as charge-sheet has been filed in bailable

                    sections but the learned Magistrate differing with the final form

                    took cognizance under Sections 307, 379 along with other allied

                    sections of Indian Penal Code.

                                 2. Let the petitioner surrender before the court below,

                    the learned court below shall dispose of the regular bail of the

                    petitioner probably on the same date.

                                 3. This application is disposed of with the aforesaid

                    observation.



                                               (Praveen Kumar, J)
shivam/-

U      T

Continue reading with your account

Checking your session…