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Patna High Court

Rakesh Kumar Singh @ Rakesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the withdrawal of the bail application and granted liberty to move for regular bail after surrender.

Summary

Rakesh Kumar Singh filed a bail application before the Patna High Court. After hearing, he sought to withdraw that application and requested liberty to file a regular bail petition after surrendering. The court considered the request and allowed the withdrawal, granting him permission to approach the lower court for regular bail. The application was consequently disposed of as withdrawn. No substantive merits of the bail claim were decided.

Issues considered

  • Whether the petitioner may withdraw the pending bail application
  • Whether the court can grant liberty to move for regular bail after surrender

Subjects

  • bail
  • withdrawal of application
  • liberty to move
  • criminal procedure
  • Patna High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.576 of 2026
                         Arising Out of PS. Case No.-357 Year-2025 Thana- NOKHA District- Rohtas
                  ======================================================
                  Rakesh Kumar Singh @ Rakesh Kumar Son of Kishun Singh Resident of
                  Village - Mishrawaliya, P.S.- Karakat, District - Rohtas (Bihar)
                                                                                  ... ... Petitioner/s
                                                     Versus
                  The State of Bihar
                                                                           ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Vinay Kumar Mishra, Advocate
                  For the Opposite Party/s :       Ms. Suman Kumari Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                        ORAL ORDER

3    24-02-2026                  Heard learned counsel for the petitioner and the learned

                    APP for the State.

                                 2. Learned counsel for the petitioner, after some

                    arguments, seeks permission to withdraw the present application with

                    a liberty to move before the court below with a prayer for regular bail

                    after surrendering. It has been submitted that the application moved

                    by the petitioner may be considered on its own merits without being

                    prejudiced by the withdrawal of the present application and the order

                    may be passed on the same day.

                                 3. In view of the above, the prayer of the petitioner is

                    allowed.

                                 4. The application stands disposed of as withdrawn with

                    the liberty aforesaid.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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