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Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court permitted the withdrawal of the application, granted liberty to surrender, and directed that the regular bail application be considered on its merits.

Summary

Ankit Kumar, the petitioner, was involved in a criminal miscellaneous case (No.66244 of 2025) arising from a police station case in Bidupur, Vaishali. He filed an application seeking permission to withdraw the pending application, to surrender before the lower court within two weeks, and to obtain regular bail. The petitioner’s senior counsel, S.K. Lal, argued for these reliefs, while the State’s assistant public prosecutor opposed. Justice Rajesh Kumar Verma granted the petitioner's request, allowing the withdrawal of the application and permitting the petitioner to surrender and apply for regular bail. The court ordered that the bail application be considered on its merits on the same day, if possible, without prejudice to any observations made in the present order.

Issues considered

  • Whether the petitioner may be permitted to withdraw the pending application and surrender before the lower court.
  • Whether regular bail can be granted after surrender in the circumstances of the case.

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.66244 of 2025
                       Arising Out of PS. Case No.-560 Year-2024 Thana- BIDUPUR District- Vaishali
                 ======================================================
                 Ankit Kumar S/O Rajesh Prasad R/O Village- Nawanagar, P.S- Bidupur,
                 Distt.- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. S.K. Lal, Sr. Advocate
                                                   Mr. Nafisuzzoha, Advocate
                 For the State            :        Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   23-04-2026                      Heard Mr. S.K. Lal, learned Senior counsel for the

                   petitioner and Mr. Rajendra Prasad Nat, learned APP for the

                   State.

                                   2. After some arguments, learned Senior counsel for

                   the petitioner seeks permission to withdraw the application with

                   liberty to the petitioner to surrender before the learned Court

                   below within a period of two weeks from today and seeks

                   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

                   and disposed of on the same day, if possible, on its own merit in
               Patna High Court CR. MISC. No.66244 of 2025(3) dt.23-04-2026
                                                           2/2




                         accordance with law and without being prejudiced by any

                         observation in the present order.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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