Patna High Court
Sajan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The Court allowed the withdrawal of the bail application and disposed of it as withdrawn, while permitting a future regular bail application within three weeks to be considered on its merits.
Summary
The petitioner, Sajan Kumar, filed an application seeking bail before the Patna High Court. During the hearing, the petitioner’s counsel requested to withdraw the application in order to surrender and subsequently apply for regular bail. The Court, after hearing arguments, allowed the withdrawal and disposed of the application as withdrawn. The judgment expressly clarified that if the petitioner surrenders and files for regular bail within three weeks, the request will be considered on its merits without prejudice from the withdrawal order. The Court also noted that co-accused persons in similar circumstances have already been granted regular bail. Consequently, the petitioner’s immediate request was dismissed, but a future bail application remains permissible under the stipulated conditions.
Issues considered
- Whether the petitioner may withdraw the pending bail application to surrender and later seek regular bail
- Whether a subsequent application for regular bail filed within three weeks after surrender can be entertained without prejudice
Subjects
- bail
- withdrawal of application
- regular bail
- surrender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7579 of 2026
Arising Out of PS. Case No.-189 Year-2025 Thana- GAYA RAIL P.S. District- Gaya
======================================================
Sajan Kumar Son of Satyendra Kumar @ Satyendra Prasad @ Stendra Kumar
Resident of Village- Chakakil Dhurgaon, P.S.- Ekangarsarai, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Minu Kumari, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 Heard Mrs. Minu Kumari, learned counsel for the
petitioner and Mr. Md. Fahimuddin, 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
concerned would preferably consider the matter on the same day
Patna High Court CR. MISC. No.7579 of 2026(2) dt.04-02-2026
2/2
considering the fact that other similarly situated co-accused
persons have already been granted the privilege of regular bail.
(Soni Shrivastava, J)
anand/-
U T
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