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Patna High Court

Md. Asraul @ Asrarul Haque @ AsrarulversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court granted permission to withdraw the application, allowing the petitioner to surrender within four weeks and seek regular bail thereafter.

Summary

The petitioner, Md. Asraul, filed an application seeking regular bail. He later requested permission to withdraw that application and was asked to surrender before the lower court within four weeks, after which he could apply for regular bail. The learned counsel for the petitioner sought this withdrawal and liberty to surrender. The court, after hearing both sides, granted permission to withdraw the application and directed that the petitioner surrender within the stipulated period and apply for bail on its merits. The order emphasized that the surrender and bail application would be considered without prejudice to any observations made in the present order.

Issues considered

  • Whether the petitioner may be permitted to withdraw his bail application.
  • Whether the court can grant liberty to the petitioner to surrender and subsequently seek regular bail.

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58725 of 2025
                    Arising Out of PS. Case No.-94 Year-2024 Thana- AAJAM NAGAR District- Katihar
                 ======================================================
                 Md. Asraul @ Asrarul Haque @ Asrarul S/o- Late Imam Resident of Village-
                 Sikatia, Bairia, P.S. Azamnagar, District- Katihar

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Md. Tahaj S/o- Late Mokimuddin Resident of Village- Siktia, Bairia, P.S.
                 Azamnagar, District- Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Md Musowir, Advocate
                 For the Opposite Party/s :      Mr.Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   17-04-2026                  Heard Mr.Md Musowir, learned counsel for the

                   petitioner and Mr.Bhanu Pratap Singh, learned APP for the

                   State.

                                2. After some arguments,            learned counsel for the

                   petitioner seeks permission to withdraw this application with

                   liberty to the petitioner to surrender before the learned court

                   below within a period of four weeks from today and seek

                   regular bail.

                                3. Permission is accorded.

                                4. The application is dismissed as withdrawn with the

                   liberty that the petitioner surrenders and seeks regular bail

                   before the learned court below, the same shall be considered on
               Patna High Court CR. MISC. No.58725 of 2025(5) dt.17-04-2026
                                                           2/2




                         the same day on its own merit in accordance with law and

                         without being prejudiced by any observation in the present

                         order.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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