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Patna High Court

Rakesh Kumar VermaversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court held that the petitioner may withdraw the application and such withdrawal does not prejudice any future bail application.

Summary

The petitioner, Rakesh Kumar Verma, filed an application before the Patna High Court seeking permission to withdraw a pending criminal miscellaneous application. The respondent parties were the State of Bihar and Chandi Verma. The sole issue before the Court was whether the petitioner could be allowed to withdraw his application without prejudice to any future relief. Justice Sudhir Singh granted the petitioner's request, ordering that the application stand dismissed as withdrawn. The Court further clarified that if the petitioner later surrenders before the trial court, his bail plea will be considered on its own merits and will not be adversely affected by this order.

Issues considered

  • Whether the petitioner may be permitted to withdraw the pending application

Subjects

  • withdrawal of application
  • bail
  • criminal procedure
  • high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.434 of 2026
                                                In
                               CRIMINAL MISCELLANEOUS No.48880 of 2017
                  Arising Out of PS. Case No.-1540 Year-2013 Thana- SARAN COMPLAINT CASE District-
                                                           Saran
                  ======================================================
                  Rakesh Kumar Verma S/o Late Tarkeshwar Prasad Verma R/o Village-
                  Khemaji Tola, P.S- Chapra Mufassil, Dist- Saran (Chapra).
                                                                            ... ... Petitioner/s
                                                    Versus
            1.     The State of Bihar
            2.     Chandi Verma W/o Rakesh Kumar Verma, D/o Birendra Prasad Srivastava
                   R/o Village- Khamaji Tola, P.S- Chapra (saran) Mufassil, Dist- Saran, At-
                   present residing at Tajpur Phuwaria, P.S- Manjhi, Dist- Chapra, Saran
                                                                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr. Rajeev Kumar Sinha, Advocate
                  For the Opposite Party/s :     Mr. Manoj Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                        ORAL ORDER

2    25-02-2026                  Mr. Rajeev Kumar Sinha, learned counsel for the

                    petitioner seeks permission to withdraw the present application.

                                 2. Permission is accorded.

                                 3. Accordingly, the present application stands

                    dismissed as withdrawn.

                                 4. It is made clear that if the petitioner surrenders

                    before the learned Trial Court, his prayer for bail shall be

                    considered on its own merit without being prejudiced by this

                    order.

                                               (Sudhir Singh, J)
Rajesh/-

U      T


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