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Patna High Court

Satyam Prakash SinghversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The bail application was dismissed as withdrawn.

Summary

The petitioner, Satyam Prakash Singh, filed a bail application in the Patna High Court, although he was not in custody. He sought permission to withdraw the bail application while retaining the liberty to approach the appropriate forum later. The learned counsel argued that withdrawal was appropriate given the petitioner’s non-custodial status. The Court considered whether a bail application could be withdrawn under such circumstances. It granted the petitioner's request, allowing the withdrawal. Consequently, the bail application was dismissed as withdrawn.

Issues considered

  • Can a bail application be withdrawn when the petitioner is not in custody?
  • Does the petitioner retain the right to approach another forum after withdrawing the bail application?

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • high court
  • non-custodial

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.25533 of 2026
                       Arising Out of PS. Case No.-2410 Year-2017 Thana- VAISALI COMPLAINT CASE
                                                       District- Vaishali
                   ======================================================
                   Satyam Prakash Singh S/o Late Sambhoo Singh @ Swayambhoo Nath Singh
                   R/o vill - Chakbasu, ward no. 38, P.S.- Mithanpura, Dist.- Muzaffarpur

                                                                                ... ... Petitioner/s
                                                       Versus
              1.   The State of Bihar
              2.   Smt. Khushboo Singh W/o Anil Kumar @ Pappu R/o vill - Malighat near
                   Sarswati Mandir, P.s.- Mithanpura, Dist.- Muzaffarpur
              3.   Anil Kumar S/o Umashankar Prasad Gupta R/o Malighat near Sarswati
                   Mandir, P.s.- Mithanpura, Dist.- Muzaffarpur

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :     Mr. Pratap Sharma, Advocate
                   For the O.P. No. 2       :     Mr. Ajay Kumar, Advocate
                   For the Opposite Party/s :     Mr. Anil Kumar, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                         ORAL ORDER

2    18-04-2026                    After making some submissions, learned counsel for

                     the petitioner has submitted that as the petitioner is not in custody,

                     he may be directed to withdraw the bail application with a liberty

                     to move before appropriate forum.

                                  2. Permission is accorded.

                                  3. Accordingly, this application is dismissed as

                     withdrawn.



                                                  (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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