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Patna High Court

Rajiv Ranjan KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court held that the petitioner may withdraw the bail application, surrender within four weeks, and apply for regular bail, and the application is dismissed as withdrawn.

Summary

The petitioner, Rajiv Ranjan Kumar, filed a bail application in the Patna High Court. He later sought permission to withdraw that application and requested liberty to surrender before the lower court within four weeks, with a view to obtaining regular bail. The learned counsel for the petitioner argued for this withdrawal and surrender. The court considered whether such a withdrawal could be permitted and whether the petitioner could be allowed to surrender and apply for regular bail without prejudice. The court granted permission to withdraw the bail application, dismissed it as withdrawn, and allowed the petitioner to surrender and seek regular bail, directing that the regular bail application be heard on its merits on the same day.

Issues considered

  • Whether the petitioner may withdraw his bail application and be granted liberty to surrender before the lower court within a specified period
  • Whether the court can entertain a subsequent regular bail application without prejudice to the petitioner

Subjects

  • bail
  • withdrawal of bail application
  • regular bail
  • surrender
  • criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.21898 of 2026
                        Arising Out of PS. Case No.-101 Year-2025 Thana- Bankebazar District- Gaya
                  ======================================================
                  Rajiv Ranjan Kumar S/O Shivdat Singh Resident of village- Chanda, P.S-
                  Barachatti, District- Gaya                              ... ... Petitioner/s
                                                 Versus
                  The State of Bihar                              ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Anil Kumar Saxena, Advocate
                  For the Opposite Party/s :       Mr. Yogendra Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

2    17-04-2026                      Heard Mr. Anil Kumar Saxena, learned counsel for

                    the petitioner and Mr. Yogendra Kumar Singh, 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 surrenders and seeks regular bail before

                    the learned Court below, the same shall be considered on the 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)
Vanisha/-
U      T


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