Patna High Court

Rajesh Kumar Singh @ Rajesh KumarversusThe State of Bihar

Decided: 1 May 2026
Disposal: WITHDRAWN
Bench: ASHOK KUMAR PANDEY

Holding

The bail petition was dismissed as withdrawn.

Summary

Rajesh Kumar Singh filed a bail petition in the Patna High Court after being apprehended by police. His counsel argued that the apprehension rendered the petition infructuous and sought permission to withdraw it. The court considered whether a bail petition could be withdrawn after the petitioner is in police custody. It held that the petitioner may withdraw the petition and that the court can dismiss it as withdrawn. Accordingly, the bail petition was dismissed as withdrawn.

Issues considered

Can a bail petition be withdrawn after the petitioner has been apprehended by police?
Is the court empowered to dismiss a bail petition as withdrawn on the petitioner's request?

Subjects

bail
withdrawal
infructuous petition
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7403 of 2026
                      Arising Out of PS. Case No.-350 Year-2025 Thana- SARAIYA District- Muzaffarpur
                  ======================================================
                  Rajesh Kumar Singh @ Rajesh Kumar S/O Siya Singh R/O Village-
                  Bahilwara Rupnath Utri, P.S- Saraiya, District- Muzaffarpur.

                                                                                    ... ... Petitioner/s
                                                         Versus
            1.    The State of Bihar
            2.    Mayuri Kumari W/O Rajesh Kumar Singh, D/O Late Baidyanath Pandey At
                  resident of Village- Gandaul, P.O- Pachgachhiya, P.S- Bihara, Distt.-
                  Saharsa.
            3.    Ghanshyam Rai @ Bablu S/O Sri Harishchandra Rai R/O Village- Harpur
                  Rewari Ward No.-5, P.S- Angarghart, Distt.- Samastipur.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Sanjay Kumar S.K., Advocate
                  For the Opposite Party/s :        Mr. Anil Kumar Singh No. 1, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                        ORAL ORDER

4    01-05-2026                  Learned counsel for the petitioner has submitted that

                    as the petitioner has been apprehended by police, this petition

                    has become infructuous and as such, he seeks permission to

                    withdraw the present bail petition.

                                 2. As prayed for by the learned counsel for the

                    petitioner, this bail petition stands dismissed as withdrawn.



                                           (Ashok Kumar Pandey, J)
durgesh/-

U      T

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