Patna High Court

Ajeet SharmaversusThe State of Bihar

Decided: 25 March 2026
Disposal: WITHDRAWN
Bench: SANDEEP KUMAR

Holding

The court held that the petitioner may withdraw the bail application and is permitted to file a fresh bail application after the victim's deposition is recorded.

Summary

The petitioner, Ajeet Sharma, filed an application for bail in a criminal miscellaneous case arising from a police station case in Bhagalpur. The petitioner sought to withdraw the bail application, requesting liberty to file a fresh bail application after the victim girl's deposition is recorded in the trial. The court heard arguments from both sides and considered whether such withdrawal could be permitted. The judge granted permission for the withdrawal, emphasizing the need for the victim's testimony before a new bail application. Consequently, the application was dismissed as withdrawn, with liberty to file a fresh bail application after the victim's deposition.

Issues considered

Whether the petitioner may be allowed to withdraw the bail application and file a fresh bail application after the victim's deposition is recorded

Subjects

bail
withdrawal of application
victim deposition
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2899 of 2026
                       Arising Out of PS. Case No.-176 Year-2025 Thana- BIHPUR District- Bhagalpur
                  ======================================================
                  Ajeet Sharma S/O Devo Sharma R/O Vill.- Karharu, P.S.- Bihpur, Dist.-
                  Bhagalpur

                                                                                    ... ... Petitioner/s
                                                        Versus
            1.    The State of Bihar Patna
            2.    Tunni Baitha W/O Late Rasul Baitha R/O Vill.- Karharu, P.S.- Bihpur, Dist.-
                  Bhagalpur

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Rajesh Kumar
                  For the Opposite Party/s :      Mr.Anil Kumar Singh No. 1
                  For the informant        :      Mr. Indeshwari Prasad.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    25-03-2026                     Heard the parties.

                                    2. After some arguments, learned counsel for the

                    petitioner prays for to withdraw this application with a liberty to

                    file a fresh bail application after deposition of the victim girl is

                    recorded in the trial.

                                    3. Permission is granted.

                                    4. Accordingly, this application is dismissed as

                    withdrawn with the aforesaid liberty.



                                                               (Sandeep Kumar, J)
Vikas/-

U

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