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Patna High Court

Subhash Mishra @ Subash MishraversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

A bail application may be dismissed as withdrawn when the petitioner, through counsel, elects to withdraw it.

Summary

Subhash Mishra was the accused in Sessions Trial No. 470 of 2022 arising out of PS. Case No. 204 of 2021, Siwan. He filed an application for regular bail before the Additional Sessions Judge, IX, Siwan. After the prosecution had examined all its witnesses, counsel for the petitioner sought permission to withdraw the bail application. The Hon’ble Justice Partha Sarthy considered the request and noted that the petitioner was voluntarily withdrawing the relief sought. Consequently, the court dismissed the bail application as withdrawn, thereby concluding the matter without further order.

Issues considered

  • Whether a regular bail application can be withdrawn after the prosecution has completed its evidence

Subjects

  • regular bail
  • withdrawal of application
  • criminal procedure
  • bail jurisdiction

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4852 of 2026
                      Arising Out of PS. Case No.-204 Year-2021 Thana- GORIAKOTHI District- Siwan
                  ======================================================
                  Subhash Mishra @ Subash Mishra Son of Jagat Kishor Mishra R/o Village -
                  Saidpura, P.S. - Goreakothi, District - Siwan.

                                                                                  ... ... Petitioner/s
                                                       Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Gun Sagar Mahto, Advocate
                  For the Opposite Party/s :      Mr. Pramod Kumar Pandey, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                        ORAL ORDER

2    06-02-2026                  It is submitted by learned counsel for the petitioner

                    that as per instructions received, all the witnesses on behalf of

                    the prosecution having been examined, he seeks permission to

                    withdraw this application for regular bail in connection with

                    Sessions Trial no.470 of 2022, arising out of Goreakothi P.S.

                    Case no.204 of 2021 pending in the Court of learned Additional

                    Sessions Judge IX, Siwan.

                                 2. In view of the above, the application is dismissed as

                    withdrawn.



                                               (Partha Sarthy, J)
Saurabh/-

U      T


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