Created by Fuzzy Cloud

Patna High Court

Bharti SinhaversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court permitted the withdrawal of the bail application and directed the petitioner to surrender and apply for regular bail, which will be considered on its merits.

Summary

Bharti Sinha, the petitioner, filed a bail application in a criminal miscellaneous case arising from a 2020 FIR. She later sought the court's permission to withdraw that bail application, surrender herself within four weeks, and subsequently apply for regular bail. The learned senior counsel for the petitioner and the Additional Public Prosecutor appeared before the Patna High Court. The court granted permission to withdraw the bail application, directing the petitioner to surrender and file for regular bail, which would be heard on its merits on the same day. The order emphasized that the petitioner would not be prejudiced by any observations in the present order.

Issues considered

  • Whether the petitioner may withdraw her bail application and be allowed to surrender before the lower court within a stipulated period and subsequently seek regular bail

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22911 of 2026
                     Arising Out of PS. Case No.-191 Year-2020 Thana- SARAIYA District- Muzaffarpur
                 ======================================================
                 Bharti Sinha Wife of Abhay Kumar @ Abhay Kumar Singh R/o Village -
                 Repura Rampur Balli, P.S. - Jaitpur, Dist. - Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jitendra Pd. Singh, Sr. Advocate
                                                   Mr. Rajeev Kumar, Advocate
                                                   Mr. Varun Krishna Singh, Advocate
                 For the Opposite Party/s :        Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                          Heard Mr. Jitendra Pd. Singh, learned senior

                   counsel for the petitioner and Mr. Kalyan Shankar, 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
            Patna High Court CR. MISC. No.22911 of 2026(2) dt.17-04-2026
                                                        2/2




                      without being prejudiced by any observation in the present

                      order.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.