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Patna High Court

Sakina KhatoonversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                          2/2




                        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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