Patna High Court
Ajay Mishra @ Ajay Kumar Mishra @ Ampu MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The court disposed of the erroneous withdrawal application, granting the petitioner liberty to apply for regular bail without prejudice.
Summary
The petitioner, Ajay Mishra, filed a fresh bail application after his earlier bail request was mistakenly withdrawn due to a miscommunication by a proxy of his former counsel. The withdrawal was intended only for two co‑accused, not for Mishra himself, leading to an unintended dismissal of his bail plea. Mishra sought to withdraw the present application to surrender and subsequently apply for regular bail, requesting that any future bail application not be prejudiced by the earlier error. The court noted the procedural irregularity and granted liberty to the petitioner to approach the court for regular bail after surrender. The application was disposed of, allowing Mishra to seek bail on its merits at a later date.
Issues considered
- What is the effect of an erroneous withdrawal of a bail application on the petitioner's right to seek regular bail after surrender?
Subjects
- bail
- withdrawal
- criminal procedure
- surrender
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7889 of 2026
Arising Out of PS. Case No.-84 Year-2024 Thana- CHAND District- Kaimur (Bhabua)
======================================================
Ajay Mishra @ Ajay Kumar Mishra @ Ampu Mishra Son of Munnan Mishra
R/o Village - Nibi, P.S. - Chand, Dist. - Kaimur, Bhabhua.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Singh, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-02-2026 Heard Mr. Harsh Singh, the learned counsel for the
petitioner and Mr. Binod Kumar, the learned A.P.P. for the State.
2. This application has been filed renewing the prayer
for bail on behalf of the petitioner whose bail application had
stood dismissed as withdrawn by an order dated 24.06.2025 on a
wrong instruction which was put forth by a proxy of the then
advocate on record to withdraw the application on behalf of the
present petitioner, rather the instruction was only to withdraw
the application on behalf of two petitioners namely Amit Mishra
and Chandan Mishra as one of them had been arrested and the
other had surrendered. It has been submitted that there was no
occasion as such, for withdrawing the application on behalf of
the present petitioner and since a general submission for
withdrawal was made, the application got withdrawn on behalf
Patna High Court CR. MISC. No.7889 of 2026(2) dt.06-02-2026
2/2
of all the three petitioners. However, after some arguments, the
learned counsel for the petitioner prays for withdrawal of the
present application in order to surrender and seek regular bail
and in case the petitioner surrenders within a period of four
weeks, the same shall be considered on its own merits without
being prejudiced by the present withdrawal and shall be
preferably considered on the same day upon a consideration that
there is a case and counter case and in the case filed at the side
of the accused persons, the father of the present petitioner had
received multiple injuries caused by firearm.
3. The present application is disposed of with the
aforesaid liberty.
(Soni Shrivastava, J)
vashudha/-
U T
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