Patna High Court

Alok KumarversusThe State of Bihar

Decided: 1 April 2026
Disposal: WITHDRAWN
Bench: PURNENDU SINGH

Holding

The bail application is dismissed as withdrawn.

Summary

Alok Kumar and Amit Kumar, the petitioners, were implicated in a criminal case (PS. Case No.-233 Year-2025) and filed a bail application before the High Court. While the bail application was pending, the petitioners surrendered before the learned District Court. Their counsel then moved the High Court to withdraw the bail application on the ground of surrender. The Court considered the procedural rule that a bail application may be withdrawn if the accused no longer seeks liberty. Accordingly, the Court held that the bail application stands dismissed as withdrawn. No substantive merits of the bail request were examined.

Issues considered

Whether a bail application can be withdrawn after the accused have surrendered before the trial court

Subjects

bail
withdrawal of application
surrender
criminal procedure

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5110 of 2026
                           Arising Out of PS. Case No.-233 Year-2025 Thana- MAKER District- Saran
                   ======================================================
              1.    Alok Kumar S/o- Akhilesh Singh @ Akhilesh Sah Village-
                    Madhwal/Madhaul, P.S.- Maker, District- Siwan
              2.   Amit Kumar S/o- Late Santosh SAh Village- Madhwal/Madhaul, P.S.-
                   Maker, District- Siwan

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

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :        Mr. Krishna Kant Singh, Advocate
                   For the Opposite Party/s :        Mr. Yogendra Kumar Singh, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                         ORAL ORDER

4    01-04-2026                           Learned counsel appearing on behalf of the

                     petitioners seeks to withdraw the present bail application

                     submitting that the petitioners have surrendered before the

                     learned District Court during the pendency of the bail

                     application.

                                  2. The present bail application, accordingly, stands

                     dismissed as withdrawn.



                                                (Purnendu Singh, J)
Niraj/-

U         T

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