Patna High Court
Sakina KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court disposed of the original bail application and directed that the petitioner may surrender and seek regular bail before the District Court on the same day.
Summary
Sakina Khatoon, the mother‑in‑law of an accused, filed a bail application in the Patna High Court. She sought to withdraw that application and instead surrender before the District Court to obtain regular bail, contending that she had been falsely implicated while the main allegation was against a co‑accused, Bhola Miyan. The Court considered the submission and directed that she may surrender and that the District Court should hear her regular bail application on the same day, based on the material gathered during investigation. Consequently, the High Court disposed of the original bail application. The order effectively allows the petitioner to seek regular bail in the lower court.
Issues considered
- What is the appropriate procedure when a petitioner wishes to withdraw a bail application and surrender to seek regular bail?
- Whether the High Court can direct the District Court to consider a regular bail application on the same day.
Subjects
- bail
- withdrawal of bail application
- regular bail
- false implication
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6934 of 2026
Arising Out of PS. Case No.-308 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Sakina Khatoon Wife of Adar Mian @ Adar Miyan Resident of Village -
Karaiya, P.S. - Kotwa, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 07-05-2026 Heard learned counsels appearing on behalf of the
petitioner and learned APP for the State.
2. After some arguments, learned counsel appearing
on behalf of the petitioner seeks to withdraw the present bail
application with a liberty to the petitioner to surrender before
the learned District Court and seek regular bail considering the
fact that direct allegation is against one co-accused Bhola Miyan
and the petitioner being mother-in-law, has falsely been
implicated in the present case.
3. Considering the aforesaid submission made on
behalf of the petitioner, the petitioner, if so advised, may
surrender before the learned District Court and seek regular bail.
In that case, the learned District Court is directed to consider the
bail application of the petitioner on the same day on the basis of
Patna High Court CR. MISC. No.6934 of 2026(4) dt.07-05-2026
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material which has come in course of investigation.
4. Accordingly, the present bail application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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