Patna High Court
Pawan Kumar @ Pawan RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The court may allow withdrawal of an application for surrender and regular bail, and such withdrawal does not prejudice a later regular bail application.
Summary
The petitioner, Pawan Kumar, filed an application seeking to withdraw his earlier plea so that he could surrender and apply for regular bail. The learned counsel requested that the withdrawal be permitted. The High Court allowed the prayer, disposing of the application as withdrawn. The court clarified that if the petitioner surrenders and files a regular bail application within three weeks, that application will be considered on its own merits and will not be prejudiced by the present withdrawal order. The court also indicated a preference for hearing the bail application promptly, noting that two co‑accused had already been granted regular bail.
Issues considered
- Whether the court can permit withdrawal of the petitioner's application for surrender and regular bail
- Whether a subsequent regular bail application will be prejudiced by the order of withdrawal
Subjects
- bail
- withdrawal of application
- surrender
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7545 of 2026
Arising Out of PS. Case No.-495 Year-2021 Thana- VAISHALI District- Vaishali
======================================================
Pawan Kumar @ Pawan Ray Son of Suresh Ray Resident of Village-
Sorhatha, P.S.- Belsar O.P., District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 Heard Mr. Santosh Kumar, learned counsel for the
petitioner and Mr. Arun Kumar Pandey, learned APP for the
State.
2. After some arguments, learned counsel for the
petitioner prays for withdrawal of the present application in
order to surrender and seek regular bail.
3. Prayer is allowed.
4. Accordingly, this application is disposed of as
withdrawn.
5. However, it is made clear that in case the petitioner
surrenders and seeks regular bail within a period of three weeks,
the same shall be considered on its own merits without being
prejudiced by the present order of withdrawal and the court
Patna High Court CR. MISC. No.7545 of 2026(2) dt.04-02-2026
2/2
concerned would preferably consider the matter on the same day
in view of the fact that other two accused persons of similar
allegations have already been granted the privilege of regular
bail.
(Soni Shrivastava, J)
anand/-
U T
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