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Patna High Court

Pawan Kumar @ Pawan RayversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The High Court allowed the prayer, disposing of the application as withdrawn.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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