Patna High Court

Mogal RayversusThe State of Bihar

Decided: 21 January 2026
Disposal: WITHDRAWN
Bench: SONI SHRIVASTAVA

Holding

The Court allowed the withdrawal and dismissed the application, permitting a future bail application without prejudice.

Summary

Mogal Ray filed an application in a criminal miscellaneous case before the Patna High Court. The petitioner, represented by Mr. Nalin Kumar, sought to withdraw the application. The Court, after hearing counsel, granted permission to withdraw and dismissed the application as withdrawn. The Court further directed that if the petitioner surrenders within three weeks and applies for regular bail, the bail application will be considered on its own merits without prejudice from the withdrawal. No substantive merits of the original application were addressed.

Issues considered

Whether the petitioner may withdraw the pending application?
Whether withdrawal of the application prejudices a subsequent regular bail application?

Subjects

bail
withdrawal of application
criminal procedure
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79045 of 2025
                       Arising Out of PS. Case No.-264 Year-2017 Thana- DARIYAPUR District- Saran
                  ======================================================
                  Mogal Ray S/o Late Nand Kishore Ray R/o Village- Akilpur, PS- Dariyapur,
                  Distt.- Saran
                                                                           ... ... Petitioner/s
                                                 Versus
                  The State of Bihar
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s           :        Mr. Nalin Kumar, Advocate
                  For the Opposite Party/s       :        Mr. Sanjay Kumar Pandey, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

3    21-01-2026                    Heard learned counsel for the petitioner and learned

                    APP for the State.

                                 2. After some arguments, learned counsel for the peti-

                    tioner seeks permission to withdraw this application.

                                 3. Permission is accorded.

                                 4. Accordingly, this application is dismissed as with-

                    drawn.

                                 5. However, if the petitioner surrenders before the

                    learned Court below within a period of three weeks and seeks

                    regular bail, the same shall be considered on its own merits

                    without being prejudiced by this withdrawal order, preferably on

                    the same day.



                                              (Soni Shrivastava, J)
Trivedi/-
U       T

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