Patna High Court
Rajesh ChaupalversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SOURENDRA PANDEY
Holding
The petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the trial court for regular bail.
Summary
The petitioner, Rajesh Chaupal, filed an application seeking bail. During the hearing, he requested to withdraw the application and instead approach the trial court for regular bail, seeking liberty to do so without prejudice. The court considered the request and granted him permission to approach the concerned court for regular bail, stating that the withdrawal would not prejudice his bail application. Consequently, the petition was dismissed as withdrawn, with liberty granted for a fresh bail application. No substantive merits of the bail claim were decided in this order.
Issues considered
- Whether a petitioner may withdraw a bail application and be granted liberty to seek regular bail before the trial court without prejudice
Subjects
- bail
- withdrawal of application
- regular bail
- criminal procedure
- liberty to approach court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2397 of 2026
Arising Out of PS. Case No.-108 Year-2025 Thana- MAHISHI District- Saharsa
======================================================
Rajesh Chaupal Son of Kamal Chaupal Resident of village - Khajuraha, Ara,
Ward No. 11, P.S.- Mahishi, District - Saharsa (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Jha, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 25-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. After some arguments, learned counsel for the
petitioner submits that he shall be permitted to withdraw the
present application with liberty to surrender before the
concerned court and pray for regular bail and the same may be
heard and disposed of on the same day.
3. In view of such prayer, liberty is granted to the
petitioner to approach the court concerned with a prayer for
Patna High Court CR. MISC. No.2397 of 2026(3) dt.25-02-2026
2/2
regular bail which shall be considered without being prejudiced
by the withdrawal of the present application and a reasoned
order may be passed on its own merit.
4. The petition stands dismissed as withdrawn with
the liberty aforesaid.
(Sourendra Pandey, J)
krishna/-
U T
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