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Patna High Court

Rajan KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court permitted the withdrawal of the bail application and dismissed it as withdrawn, granting liberty to surrender and seek regular bail.

Summary

Petitioner Rajan Kumar filed a bail application in the Patna High Court. His counsel sought permission to withdraw the bail application and requested liberty for the petitioner to surrender before the lower court within four weeks and then apply for regular bail. The Court, after hearing both sides, granted the request to withdraw the application. It dismissed the bail application as withdrawn, but directed that the petitioner may surrender and seek regular bail before the lower court without prejudice. The order emphasizes that the regular bail application will be considered on its own merits in accordance with law.

Issues considered

  • Whether a bail application can be withdrawn with the court's permission
  • Whether the petitioner may be granted liberty to surrender and subsequently apply for regular bail

Subjects

  • bail
  • withdrawal
  • surrender
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21199 of 2026
                      Arising Out of PS. Case No.-255 Year-2025 Thana- VISHNUPAD District- Gaya
                 ======================================================
                 Rajan Kumar S/O Munna prasad Resident of Village- karsilli Vishnupad
                 Road, Police Station- Vishnupad, District- Gaya.



                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Braj Nandan Kumar Tiwary, Advocate
                 For the Opposite Party/s :      Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   23-04-2026                      Heard Mr. Braj Nandan Kumar Tiwary, learned

                   counsel for the petitioner and              Mr. Anil Kumar, Additional

                   Public Prosecutor for the State.

                                 2. After some arguments, learned counsel for the

                    petitioner seeks permission to withdraw this bail application

                    with a liberty to the petitioner 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

                   liberty that the petitioner surrender and seek regular bail before

                   the learned Court below, the same shall be considered on the
            Patna High Court CR. MISC. No.21199 of 2026(2) dt.23-04-2026
                                                        2/2




                      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)
Suruchi/-

U      T


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