Patna High Court
Kunal KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJESH KUMAR VERMA
Holding
The court permitted the withdrawal of the bail application, allowing the petitioner to surrender within four weeks and subsequently apply for regular bail.
Summary
Kunal Kumar filed a bail application in a criminal case. He later sought permission to withdraw that application and to surrender before the lower court within four weeks, after which he would apply for regular bail. The Patna High Court, after hearing counsel for the petitioner, the informant, and the State, granted permission to withdraw the bail application. The court dismissed the application as withdrawn, granting the petitioner liberty to surrender within the stipulated period and to seek regular bail thereafter. The court also dispensed with the personal appearance of the investigating officer for the present proceedings.
Issues considered
- Whether the petitioner may withdraw his bail application and surrender before the lower court within a specified period
- Whether the court can grant liberty to seek regular bail after surrender
Subjects
- bail
- withdrawal of bail application
- surrender
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79076 of 2025
Arising Out of PS. Case No.-1388 Year-2024 Thana- MAHUA District- Vaishali
======================================================
Kunal Kumar S/o Arvind Kumar @ Arvind Kumar Sah R/o vill - Mahua
Singhray Patepur, P.S.- Mahua, Distt.- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pawan Kumar S/o Sanjay Sharma R/o vill - Sawajpura, P.S.- Mehndiya,
Distt.- Arwal
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Prakash Sharma, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
For the Informant : Mr. Vishal Vikram Rana, Advocate
Mr. Mishal Bharti, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 17-04-2026 Heard Mr. Uday Prakash Sharma, learned counsel
for the petitioner, Mr. Vishal Vikram Rana, learned counsel for
the informant and Mr. Anil Kumar, Additional Public Prosecutor
for the State.
2. After some arguments, learned counsel for the
petitioner seeks permission to withdraw this bail application
with a liberty to the petitioner to surrender before the learned
Court below within a period of four weeks from today and seek
regular bail.
3. Permission is accorded.
4. The application is dismissed as withdrawn with the
liberty that the petitioner surrenders and seeks regular bail
Patna High Court CR. MISC. No.79076 of 2025(5) dt.17-04-2026
2/2
before the learned Court below, the same shall be considered on
the same day on its own merit in accordance with law and
without being prejudiced by any observation in the present
order.
5. The personal appearance of Investigating Officer of
this case is hereby dispensed with for the present.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…