Patna High Court
Office Kumar @ Afice Kumar @ Opira KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The application was disposed of as withdrawn, with liberty granted to the petitioner to apply for regular bail.
Summary
Kamlesh Mandal filed an application before the High Court seeking to withdraw that application and instead request regular bail. The petitioner’s counsel argued for liberty to withdraw and to make a fresh bail prayer. The Court held that the withdrawal could be permitted and that the lower court should consider the regular bail application on its merits without prejudice. Accordingly, the application was marked as withdrawn, and the petitioner was given liberty to apply for regular bail. The order was pronounced by Justice Sourendra Pandey.
Issues considered
- Whether the petitioner may withdraw the pending application and seek regular bail.
Subjects
- bail
- withdrawal of application
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6236 of 2026
Arising Out of PS. Case No.-414 Year-2016 Thana- BIRAUL District- Darbhanga
======================================================
Kamlesh Mandal Son of Ravi Mandal Resident of Village- Sonpur, P.S.-
Biraul, District- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Nisha Devi Wife of Kamlesh Mandal, D/o- Ramsajan Mandal Resident of
Village- Sonbehat, P.S.- Biraul, District- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Girish Chandra Jha, Adv.
For the Opposite Party/s : Mr.Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 After some arguments, the learned counsel for the
petitioner seeks liberty to withdraw the present application and
make a prayer for regular bail before the learned Court below.
2. It goes without saying that the learned Court below
shall hear the surrender-cum-regular bail application on its own
merits without being prejudiced by the withdrawal of the
present application and pass necessary order on the same day.
3. The application stands disposed of as withdrawn
with the aforesaid liberty.
(Sourendra Pandey, J)
Gautam/-
U T
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