Patna High Court
Alakh Dev Rai @ Gandhi JeeversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- R P MISHRA
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The bail application is dismissed as withdrawn.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 The Court dismissed the bail application as withdrawn.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
- Code of Criminal Procedure, 1973 — s. 167(ii)
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
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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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