Patna High Court

Vijay SinghversusThe State of Bihar

Decided: 16 April 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The High Court disposed of the pre‑arrest bail application, directing the District Court to consider the petitioner's surrender and regular bail on the same day.

Summary

Vijay Singh applied for pre‑arrest bail in a case registered under multiple sections of the Bihar Penal Code. He later sought to withdraw the bail application and surrender before the District Court to obtain regular bail. The Patna High Court, after hearing counsel, directed the District Court to consider his bail application on the same day based on the record. No substantive discussion on the merits of bail was made; the High Court merely ordered disposal of the application with the said direction. Consequently, the bail application was disposed of pending the District Court's consideration.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail for the offences alleged under the Bihar Penal Code.
Whether the petitioner may withdraw the pre‑arrest bail application and surrender to obtain regular bail.

Legislation cited

Bihar Penal Code — s. 109, 115(2), 117(2), 118(1), 118(2), 126(2), 303(2), 3(5), 351(3), 74

Subjects

pre‑arrest bail
regular bail
withdrawal of bail application
surrender
district court
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21238 of 2026
                      Arising Out of PS. Case No.-394 Year-2025 Thana- MOHANPUR District- Gaya
                 ======================================================
                 Vijay Singh S/o- Deopati Singh Village- Jamuna PS- Mohanpur District Gaya
                 jee

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rakesh Singh, Advocate
                 For the Opposite Party/s :      Ms.Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   16-04-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and the learned APP for the State.

                                2. Petitioner seeks pre-arrest bail in connection with

                   Mohanpur P.S.Case No.394 of 2025 registered for the offences

                   punishable under Sections            109, 303(2), 74, 126(2), 115(2),

                   118(1), 117(2), 118(2), 351(3) and 3(5) of BNS.

                                3. Learned counsel appearing on behalf of the

                   petitioner seeks to withdraw the present bail application with

                   liberty to surrender before the learned District Court and seek

                   regular bail.

                                4. 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.
            Patna High Court CR. MISC. No.21238 of 2026(2) dt.16-04-2026
                                                        2/2




                                   5. With the above observation/direction, the present

                      application stands disposed of.



                                                (Purnendu Singh, J)
chn/-

U       T

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