Patna High Court

Abhishek Kumar @ Chhotu KumarversusThe State of Bihar

Decided: 7 April 2026
Disposal: WITHDRAWN
Bench: SANDEEP KUMAR

Holding

The court permitted the withdrawal of the bail application and granted liberty to file a fresh application later.

Summary

The petitioner, Abhishek Kumar, filed a bail application in a criminal miscellaneous case arising from PS Case No.33 of 2025. The petitioner, through counsel Mr. Bipin Kumar, sought permission to withdraw the pending bail application and to file a fresh application after the victim's deposition is recorded. The State, represented by Mr. Bhanu Pratap Singh, opposed the request. The Hon'ble Justice Sandeep Kumar considered the request and, after hearing both sides, granted permission to withdraw. Consequently, the bail application was dismissed as withdrawn, allowing the petitioner to file a new application later.

Issues considered

Whether the petitioner is entitled to withdraw the pending bail application and seek liberty to file a fresh bail application after the victim's deposition.

Subjects

bail
withdrawal of application
criminal procedure
victim deposition
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.21849 of 2026
                     Arising Out of PS. Case No.-33 Year-2025 Thana- MAHILA P.S. District- Sheikhpura
                  ======================================================
                  Abhishek Kumar @ Chhotu Kumar Son of Shiv Shankar Ram @ Surendra
                  Ram @ Shivshankar Ram Resident of Village- Kumaitha, P.S.- Halsi,
                  District- Lakhisarai

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Bipin Kumar
                  For the Opposite Party/s :        Mr. Bhanu Pratap Singh
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    07-04-2026                  Heard the learned counsel for the petitioner and the

                    learned counsel for the State.

                                 2. After some arguments, Mr. Bipin Kumar, the

                    learned counsel for the petitioner seeks permission to withdraw

                    the present bail application with liberty to file a fresh

                    application after the deposition of the victim is recorded by the

                    Court below.

                                 3. Permission, as prayed for, is granted.

                                 4. Accordingly, the present bail application is

                    dismissed as withdrawn with the aforesaid liberty.



                                                            (Sandeep Kumar, J)
Shishir/-

U       T

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