Patna High Court
Nikhil SinghversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- R P MISHRA
Holding
The High Court granted permission to withdraw the bail application and dismissed it as withdrawn.
Summary
The petitioner, Nikhil Singh, was granted bail by the lower court while his bail application was pending before the Patna High Court. The High Court learned that the petitioner had concealed the pendency of the application in his bail petition. A report on this concealment was submitted and accepted by the Court. The petitioner's counsel then sought permission to withdraw the pending bail application, arguing it had become infructuous. The Court granted permission to withdraw the application. Consequently, the application was dismissed as withdrawn.
Issues considered
- Whether the High Court may permit the withdrawal of a bail application pending before it
- Whether concealment of pendency of another bail application affects the Court's discretion to allow withdrawal
Subjects
- bail
- withdrawal of application
- concealment
- criminal procedure
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5045 of 2026
Arising Out of PS. Case No.-246 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
======================================================
Nikhil Singh S/o Sanjay Singh Resident of Village- Majhariya, P.S.- Buxar
(Industrial), District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 20-02-2026 Pursuant to order dated 29.01.2026, the learned court
below has submitted a report regarding grant of bail to the
petitioner during pendency of his bail application before this
Court.
2. From perusal of the said report, it transpires that the
petitioner was granted bail by the court below despite the bail
application being pending before this Court, as the petitioner, in
paragraph no. 2 of the bail application, had concealed the fact
regarding pendency of any such application before another
court. The said report is hereby accepted.
3. Learned counsel for the petitioner seeks permission
to withdraw the present application as the same has become
infructuous.
Patna High Court CR. MISC. No.5045 of 2026(3) dt.20-02-2026
2/2
4. Permission is accorded.
5. Accordingly, the present application stands
dismissed as withdrawn.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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