Patna High Court

Suraj Singh @ Suraj Kumar SinghversusThe State of Bihar

Decided: 17 April 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The court permitted the withdrawal of the bail application and granted liberty to the petitioner to surrender and seek regular bail within four weeks.

Summary

Suraj Singh, the petitioner, filed a bail application in a criminal miscellaneous case arising from PS case No.527/2023. He later sought permission from the High Court to withdraw that bail application and to surrender himself within four weeks, after which he would apply for regular bail. The learned counsel for the petitioner argued for this withdrawal and surrender, while the State opposed. Justice Rajesh Kumar Verma granted the petitioner's request, allowing the withdrawal and directing that the petitioner surrender and seek regular bail within the stipulated period. The court ordered that the regular bail application be heard on its merits on the same day without prejudice from the present order.

Issues considered

What is the procedural propriety of withdrawing a bail application and surrendering before the court?
Whether the petitioner can be granted liberty to surrender and subsequently apply for regular bail without prejudice.

Subjects

bail
withdrawal of bail application
regular bail
surrender
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.25555 of 2026
                  Arising Out of PS. Case No.-527 Year-2023 Thana- KHAJANCHI HAT District- Purnia
                ======================================================
                Suraj Singh @ Suraj Kumar Singh S/o Late Akhilesh Singh R/o Village -
                Nazra Chowk, P.S - Korha, District – Katihar          ... ... Petitioner/s
                                                   Versus
                The State of Bihar                              ... ... Opposite Party/s
                ======================================================
                Appearance :
                For the Petitioner/s     :      Mr. Bijendra Kumar Singh, Advocate
                For the Opposite Party/s :      Mr. Nityanand, APP
                ======================================================
                CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                      ORAL ORDER
2 17-04-2026                  Heard Mr. Bijendra Kumar Singh, learned counsel for

               the petitioner and Mr. Nityanand, APP 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 surrender and seek 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)
Suruchi/-
U      T

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