Patna High Court

Pappu Kumar Ray @ Pappu Kumar Rai @ Pappu KumarversusThe State of Bihar

Decided: 12 February 2026
Disposal: DISPOSED
Bench: SONI SHRIVASTAVA

Holding

A bail application may be withdrawn with the Court's permission, and the petitioner may seek fresh bail after the charge is framed.

Summary

The petitioner, Pappu Kumar Ray, was implicated in a criminal miscellaneous case (No.65720 of 2025) arising from PS case No.250 of 2018, which had not yet been committed to the Sessions Court. He filed an application for bail before the High Court. After hearing, the petitioner sought to withdraw the bail application so that he could approach the Court after the charge was framed. The Court granted permission to withdraw the application and allowed the petitioner the liberty to renew the bail prayer after charge framing. Consequently, the application was dismissed as withdrawn.

Issues considered

What is the appropriate procedure for withdrawing a bail application pending before the High Court?
Whether the petitioner may be permitted to file a fresh bail application after the charge is framed.

Subjects

bail
withdrawal of application
charge framing
criminal procedure
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.65720 of 2025
                    Arising Out of PS. Case No.-250 Year-2018 Thana- WARISNAGAR District- Samastipur
                  ======================================================
                  Pappu Kumar Ray @ Pappu Kumar Rai @ Pappu Kumar S/o Late Suresh Rai
                  @ Suresh Ray @ Satha R/o Village- Magardahi, P.S- Mufassil, District-
                  Samastipur.
                                                                     ... ... Petitioner/s
                                               Versus
             1.    The State of Bihar
             2.    Sanjay Kumar Rai, S/O- Sri Ram Babu Rai R/O Village Dubarbanna, P.S.-
                   warisganj, District- samastipur
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Aprajita Singh
                  For the Opposite Party/s :       Mr.Md. Fahimuddin
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

5    12-02-2026               After some arguments, learned counsel for the petitioner

                    prays for withdrawal of the present application in order to

                    approach this Court after framing of charge as it has been

                    submitted that till date the case has not even been committed to

                    the Court of Sessions.

                              2. Permission is granted.

                              3. With the aforesaid liberty of renewing the prayer for

                    bail after framing of charge, this application is dismissed as

                    withdrawn.


                                               (Soni Shrivastava, J)
devendra/-

U      T

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