Patna High Court

Md RahishversusThe State of Bihar

Decided: 11 February 2026
Disposal: WITHDRAWN
Bench: RAMESH CHAND MALVIYA

Holding

The petition is dismissed as withdrawn, with liberty to surrender within one month and the trial court to consider bail sympathetically.

Summary

The petitioner, Md Rahish, filed a criminal miscellaneous petition (No.80269 of 2025) before the Patna High Court seeking relief in a case arising from PS. Case No.-360, Year-2025, Darbhanga. During the hearing, the petitioner’s counsel requested permission to withdraw the petition. The Court, after hearing arguments from the petitioner, the informant, and the State, granted the request. The petition was dismissed as withdrawn, with the Court directing the petitioner to surrender before the trial court within one month of receiving the order. The trial court was instructed to consider the petitioner’s regular bail sympathetically and not be prejudiced by this withdrawal order.

Issues considered

Whether the petitioner may be permitted to withdraw his petition and surrender before the trial court

Subjects

withdrawal of petition
bail
criminal procedure
high court order
surrender before trial court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.80269 of 2025
                   Arising Out of PS. Case No.-360 Year-2025 Thana- BAHADURPUR District- Darbhanga
                  ======================================================
                  Md Rahish, aged about 23 years, (Male), Son of Mohammad Kadir, Resident
                  of Village - Bakerganj Abhanda, P.S. - Laheriasarai, Dist. - Darbhanga.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr. N.A. Shamsi, Advocate
                  For the Opposite Party/s :     Mr. Raj Ballabh Singh, APP
                  For the Informant        :     Mr. Padmanabh Kashyap, Advocate
                                                 Mr. Deepak Kumar, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                  MALVIYA
                                        ORAL ORDER
3    11-02-2026                     Heard learned counsel for the petitioner, learned

                    counsel for the Informant as well as learned APP for the State.

                                 2. After some arguments, learned counsel for the

                    petitioner seeks permission to withdraw the petition.

                                 3. Permission is accorded.

                                 4. Accordingly, this petition is dismissed                      as

                    withdrawn with a liberty to the petitioner that he surrenders

                    before the trial court within a period of one month from the date

                    of receipt of a copy of this order and the trial Court shall

                    consider his regular bail of the petitioner sympathetically

                    without being prejudiced by this order.



                                                 (Ramesh Chand Malviya, J)
Brajesh Kumar/-
U       T

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