Patna High Court
Patwari Rai @ Patwari RayversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- R P MISHRA
Holding
The application is dismissed as withdrawn.
Summary
The petitioner, Patwari Rai, was arrested in connection with a case registered under PS Chiraiya, East Champaran. He applied for default bail under Section 187(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The lower court submitted a report confirming that bail had been granted. The petitioner then sought permission to withdraw his bail application, claiming it had become infructuous. The High Court, after reviewing the report, accepted the bail grant and allowed the withdrawal. Consequently, the court dismissed the application as withdrawn.
Issues considered
- Whether default bail can be granted under Section 187(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023
- Whether the petitioner may withdraw his bail application after bail has been granted
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 187(2)
Subjects
- default bail
- Bharatiya Nagarika Suraksha Sanhita
- Section 187(2)
- withdrawal of application
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58878 of 2025
Arising Out of PS. Case No.-588 Year-2023 Thana- CHIRAIYA District- East Champaran
======================================================
Patwari Rai @ Patwari Ray S/O Saryug Rai Resident of Mohaddipur, P.S.-
Chiraiya, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
6 20-02-2026 Pursuant to order dated 01.12.2025, the learned court
below has submitted a report regarding grant of default bail to
the petitioner under Section 187(2) of the Bharatiya Nagarika
Suraksha Sanhita, 2023.
2. From perusal of the said report, it appears that the
petitioner has been granted bail under the aforesaid provision of
law. The said report is, accordingly, accepted.
3. Learned counsel for the petitioner seeks permission
of the Court to withdraw the present application as the same has
become infructuous.
4. Permission is accorded.
Patna High Court CR. MISC. No.58878 of 2025(6) dt.20-02-2026
2/2
5. Accordingly, the present application stands
dismissed as withdrawn.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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