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Patna High Court

Alakh Dev Rai @ Gandhi JeeversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The bail application is dismissed as withdrawn.

Summary

The petitioner, Alakh Dev Rai, was granted bail by the trial court while his regular bail application was pending before the Patna High Court. The High Court, concerned about the propriety of the lower court's action, ordered the trial court to explain the circumstances of the bail grant. The Assistant Chief Judicial Magistrate (ACJM) of Barh submitted a letter stating that no charge‑sheet had been filed, invoking the benefit of Section 167(ii) of the Criminal Procedure Code. The High Court accepted this explanation. Subsequently, the petitioner’s counsel requested permission to withdraw the bail application. The Court dismissed the bail application as withdrawn.

Issues considered

  • What is the effect of a bail grant by a lower court when a regular bail application is pending before a higher court?
  • Whether the benefit of Section 167(ii) Cr.P.C. can justify granting bail in the absence of a charge‑sheet.

Legislation cited

Subjects

  • bail
  • Section 167
  • charge sheet
  • withdrawal of application
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77761 of 2025
                          Arising Out of PS. Case No.-505 Year-2025 Thana- BARH District- Patna
                 ======================================================
                 Alakh Dev Rai @ Gandhi Jee Son of Late Kapeshwar Rai R/o Village -
                 Dhanawa, P.S. Barh, Dist. - Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjiv Sharan, Advocate
                 For the Opposite Party/s :        Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   04-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The matter in hand is that during the pendency of

                   the present regular bail application the petitioner was granted

                   bail by the learned Court below.

                                3. This Court vide order dated 24.11.2025 directed the

                   learned Court below to submit an explanation as to under what

                   circumstances and on what basis the petitioner was released on

                   bail despite the fact that the bail application of the petitioner

                   was pending before this Court.

                                4. Accordingly, learned A.C.J.M.-I, Barh has sent an

                   explanation contained in letter number 226, dated 10.12.2025

                   stating therein that “the I.O. of Barh P.S. Case No. 505 of 2025
             Patna High Court CR. MISC. No.77761 of 2025(3) dt.04-02-2026
                                                         2/2




                       has not submitted charge-sheet till date. Under this circumstance

                       the benefit of under Section 167(ii) of Cr.P.C. has been given to

                       the petitioner.”

                                    5. In view of the above, let the explanation dated

                       10.12.2025 sent by the learned A.C.J.M.-I, Barh is hereby

                       accepted.

                                    6. At this stage, learned counsel for the petitioner

                       seeks permission of this Court to withdraw this bail application.

                                    7. Prayer is accorded.

                                    8. Accordingly, the present bail application is

                       dismissed as withdrawn.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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