Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
Petitioners are at liberty to withdraw the present petitions and to renew their prayer for regular bail after the charge is framed; the pending petitions stand disposed.
Summary
The petitioners – Pintu Kumar, Saurav Kumar and Chandan Kumar – were accused in PS Case No. 390 of 2025 and filed separate criminal‑miscellaneous petitions seeking bail. A charge‑sheet had been filed but the trial court had not yet framed charges. The petitioners moved the Patna High Court for permission to withdraw the pending petitions and to renew their applications for regular bail after charge‑framing. The Court examined whether such withdrawal and a fresh bail application were permissible before the charges were formally framed. It held that the petitioners are at liberty to withdraw the present petitions and to file fresh bail applications once the charge is framed. Accordingly, the Court disposed of the pending petitions.
Issues considered
- Whether petitioners may withdraw their bail petitions and seek regular bail after the charge is framed
- Whether the High Court can permit renewal of bail applications before charge‑framing
Subjects
- bail
- regular bail
- charge framing
- withdrawal of petition
- criminal miscellaneous
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75117 of 2025
Arising Out of PS. Case No.-390 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
Pintu Kumar @ Pintu Vishwakarma Son of Late Babulal Vishwakarma
Resident of village- Paijuna, Ps- Akbarpur, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 75656 of 2025
Arising Out of PS. Case No.-390 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
Saurav Kumar Son of Amresh Prasad @ Dara Resident of village - Targir, P.S.
- Rajauli, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 80479 of 2025
Arising Out of PS. Case No.-390 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
Chandan Kumar Son of Ramanand Prasad village- Targir, PS- Rajauli,
District- Nawada, Bihar- 805125
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 75117 of 2025)
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the State : Md. Mushtaque Alam, APP
For the Informant : Mr. Bhaskar Shankar, Advocate
(In CRIMINAL MISCELLANEOUS No. 75656 of 2025)
For the Petitioner/s : Mr. Anil Kumar Saxena, Advocate
For the State : Mr. Umanath Mishra, APP
For the Informant : Mr. Bhaskar Shankar, Advocate
(In CRIMINAL MISCELLANEOUS No. 80479 of 2025)
For the Petitioner/s : Mr. Siddharth Kumar, Advocate
Mr. Ranjay Kumar, Advocate
Patna High Court CR. MISC. No.75117 of 2025(3) dt.17-01-2026
2/2
For the State : Mr. Upendra Kumar, APP
For the Informant : Mr. Bhaskar Shankar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 17-01-2026 After some arguments, learned counsel for the
petitioners are seeking permission to withdraw the present
petition with liberty to renew their prayer for regular bail after
framing of charge by learned Trial Court against the petitioners,
because charge-sheet has been submitted in this case and
cognizance has been taken, but charge is yet to be framed.
2. In view of the aforesaid facts and circumstances,
the petitioners are at liberty to renew their prayer for regular bail
after framing of charge in view of the facts and circumstances of
the case.
3. Accordingly, the present petition stands disposed
of.
(Jitendra Kumar, J)
shoaib/-
U T
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