Patna High Court
Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court disposed of the bail withdrawal application and directed the district court to consider the regular bail application forthwith.
Summary
Mithlesh Kumar, the petitioner, filed a bail application in a criminal miscellaneous case arising from a 2018 incident. He later sought to withdraw the pending bail application, surrender before the district court, and obtain regular bail. The petitioner’s counsel requested the High Court to allow this withdrawal and to direct the district court to consider the regular bail application on the same day. Justice Purnendu Singh directed the learned district court to entertain the bail application immediately, based on the record, and pass the appropriate order. Consequently, the High Court disposed of the present application, leaving the matter to be decided by the district court.
Issues considered
- Whether a bail application can be withdrawn and the petitioner can surrender before the district court
- Whether the district court may consider and grant regular bail on the same day as directed by the High Court
Subjects
- bail
- withdrawal of bail application
- regular bail
- surrender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20375 of 2026
Arising Out of PS. Case No.-437 Year-2018 Thana- GAURICHAK District- Patna
======================================================
Mithlesh Kumar S/o- Late Basant Bind Resident of Village- Abdullahak PS-
Gaurichak, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandrasekhar Sharma, Advocate
For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel appearing on behalf of the
petitioner and the learned APP for the State.
2. After some argument, learned counsel appearing on
behalf of the petitioner seeks to withdraw the present bail
application with a liberty to surrender before the learned district
court and seeks regular bail.
3. The learned District Court is directed to consider
the bail application of the petitioner on the same day and pass
necessary order on the basis of materials available on the record
in accordance with law.
4. With the above observation/direction, the present
application stands disposed of.
(Purnendu Singh, J)
chn/-
U T
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