Patna High Court

Md. Jahangir Ansari @ Jahangir AnsariversusThe State of Bihar

Decided: 4 February 2026
Disposal: DISPOSED
Bench: SONI SHRIVASTAVA

Holding

The Court allowed the withdrawal of the bail application and ordered that any regular bail application filed after surrender within four weeks will be considered on its merits without prejudice.

Summary

The petitioner, Md. Jahangir Ansari, was facing criminal proceedings under PS case No.859 of 2022 in Araria. He had filed an application seeking bail. During the hearing, counsel for the petitioner requested to withdraw the application in order to surrender and later seek regular bail. The Court allowed the withdrawal and disposed of the application as withdrawn. The Court further directed that if the petitioner surrenders and files for regular bail within four weeks, the request will be heard on its merits without prejudice from the withdrawal order. No substantive discussion on bail criteria was made as the matter was limited to procedural withdrawal.

Issues considered

Whether the petitioner may withdraw the bail application and surrender
Whether a regular bail application filed after surrender within four weeks can be entertained without prejudice

Subjects

withdrawal of application
regular bail
surrender
criminal procedure
bail hearing

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7583 of 2026
                     Arising Out of PS. Case No.-859 Year-2022 Thana- BAIRGACHHAI District- Araria
                  ======================================================
                  Md. Jahangir Ansari @ Jahangir Ansari S/o- Md. Firoz Ansari R/v- Araria
                  Basti Momin Tola W.No-8, Ps- Araria Bairgachhi OP Dist- Araria
                                                                            ... ... Petitioner/s
                                                   Versus
                  The State of Bihar Bihar
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Mukesh Kumar Rana, Advocate
                  For the Opposite Party/s :      Mr. Binod Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

2    04-02-2026                  Heard Mr. Mukesh Kumar Rana, learned counsel for the

                    petitioner and Mr. Binod Kumar, 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 four 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 in view of the fact

                    that there is no recovery from conscious possession of the petitioner.



                                               (Soni Shrivastava, J)
anand/-
U       T

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