Patna High Court

Ramswarup Bhuiyan @ Ramswarup BhartiversusThe State of Bihar

Decided: 4 February 2026
Disposal: DISPOSED
Bench: SOURENDRA PANDEY

Holding

The High Court allowed the withdrawal of the application and directed that the lower court hear the bail application on its own merits.

Summary

The petitioner, Ramswarup Bhuiyan, filed an application seeking liberty to withdraw that application and instead make a prayer before the lower court. The petitioner’s counsel requested the High Court to permit this withdrawal. The issue before the Court was whether the petitioner could be allowed to withdraw the application without prejudice to the pending surrender‑cum‑regular bail matter. Justice Sourendra Pandey held that the withdrawal could be permitted and directed that the lower court hear the bail application on its merits independently. Consequently, the High Court disposed of the present application as withdrawn, granting the petitioner liberty to approach the lower court for the bail matter.

Issues considered

Whether the petitioner may be permitted to withdraw the present application without prejudice to the pending surrender‑cum‑regular bail application before the lower court

Subjects

withdrawal of application
bail
criminal procedure
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6385 of 2026
                          Arising Out of PS. Case No.-52 Year-2024 Thana- MAIGRA District- Gaya
                  ======================================================
                  Ramswarup Bhuiyan @ Ramswarup Bharti, S/o Late Videshi Bhuiyan, R/o
                  Village- Bagpur, P.S- Maigra, Dist- Gayaji.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Arvind Kumar Singh, Advocate
                  For the Opposite Party/s :       Mr. Harendra Prasad, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                        ORAL ORDER

2    04-02-2026                  After some arguments, the learned counsel for the

                    petitioners seeks liberty to withdraw the present application and

                    make a prayer 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

                    merit without being prejudiced by the withdrawal of the present

                    application and pass necessary order on the same day.

                                 3. The application stands disposed off as withdrawn

                    with the aforesaid liberty.



                                               (Sourendra Pandey, J)
manoj/-

U         T

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