Patna High Court
Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners may withdraw the petitions, surrender, and seek regular bail, and therefore the petitions stand disposed.
Summary
The petitioners Krishna Kumar, Meena Devi and Badri Ram filed criminal miscellaneous petitions before the Patna High Court seeking relief from their pending cases. They requested to withdraw the petitions and were given liberty to surrender before the district court and apply for regular bail. The learned counsel for the petitioners moved that the petitions be withdrawn in view of the possibility of obtaining bail. The Court considered the submission and directed that the petitioners may surrender and that the district court should entertain their bail applications on merits without delay. Accordingly, the High Court disposed of the petitions, directing the lower court to consider the bail applications based on the material gathered during investigation.
Issues considered
- Whether a petitioner may withdraw a criminal miscellaneous petition and surrender to seek regular bail before the district court
- Whether the High Court can direct the district court to entertain a bail application on merits after withdrawal of the petition
Subjects
- bail
- withdrawal of petition
- criminal procedure
- regular bail
- High Court order
- district court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2820 of 2026
Arising Out of PS. Case No.-324 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Krishna Kumar Son of Badri Ram Resident of Village- Sewraha (Sewarahan),
P.S.- Harsidhi, District- East Champaran. (in the impugned order P.S.-
Harsinghi has wrongly been mentioned)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 2824 of 2026
Arising Out of PS. Case No.-324 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
1. Meena Devi W/o Badri Ram Resident of village - Sewraha (Sewarahan), P.S
- Harsidh, i District - East Champaran (In the Impugned order P.S. Harsinghi
has wrongly been mentioned)
2. Badri Ram S/o Late Santu Ram Resident of village - Sewraha (Sewarahan),
P.S - Harsidh, i District - East Champaran (In the Impugned order P.S.
Harsinghi has wrongly been mentioned)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 2820 of 2026)
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP
(In CRIMINAL MISCELLANEOUS No. 2824 of 2026)
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 01-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the statement.
2. After some argument, learned counsel appearing on
behalf of the petitioners seeks to withdraw the present petition
Patna High Court CR. MISC. No.2820 of 2026(3) dt.01-04-2026
2/2
with a liberty to the petitioners to surrender and seek regular
bail before the learned district court.
3. Considering the aforesaid submission made on
behalf of the petitioners, the petitioners, if so advised, may
surrender before the learned District Court and seek regular bail.
In that case, the learned District Court is directed to consider the
bail application of the petitioners forthwith on merits and pass
necessary order on the basis of material which has come in
course of investigation without delay.
4. The present petitions stand disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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