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Patna High Court

Suraj Singh @ Suraj KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court dismissed the bail application as withdrawn, granting the petitioner liberty to surrender and to seek bail thereafter without prejudice.

Summary

Suraj Singh, a student with no prior criminal record, filed an application for regular bail in a criminal miscellaneous case. He later sought to withdraw this application in order to surrender to the authorities within four weeks. The petitioner argued that his surrender should be considered on its own merits without prejudice from the withdrawn bail application. The Court, after hearing counsel, granted the petitioner liberty to withdraw the bail application and to surrender, directing that any subsequent bail application be heard promptly. Consequently, the present bail application was dismissed as withdrawn.

Issues considered

  • Whether a petitioner may withdraw a bail application and surrender voluntarily
  • Whether the withdrawal of a bail application prejudices any future bail considerations

Subjects

  • bail
  • withdrawal of application
  • surrender
  • student
  • criminal antecedent

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.25047 of 2026
                         Arising Out of PS. Case No.-219 Year-2022 Thana- AMNAUR District- Saran
                  ======================================================
                  Suraj Singh @ Suraj Kumar S/o Gauri Shankar Singh R/o Village - Dhanauti
                  Sultanpur, P.S - Derni, District – Saran                ... ... Petitioner/s
                                                       Versus
                  The State of Bihar                                ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :        Mr. Nalin Kumar, Advocate
                  For the State           :        Mr. Pramod Kumar Pandey, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

2    01-05-2026                   Heard learned counsel for the petitioner and learned APP

                    for the State.

                                  2. After some arguments, learned counsel for the

                    petitioner prays for liberty to withdraw the present application in

                    order to surrender and seeks regular bail.

                                  3. In case, the petitioner surrenders within a period of four

                    weeks, the same shall be considered on its own merit without being

                    prejudiced by the present withdrawal and the application may be

                    taken up preferably on the same day considering the fact that the

                    petitioner is a student having no criminal antecedent.

                                  4. Permission is granted.

                                  5. Accordingly, the present application stands dismissed as

                    withdrawn with the aforesaid liberty.


                                              (Soni Shrivastava, J)
priyanka/-
U      T


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