Patna High Court

Kishore RamversusThe State of Bihar

Decided: 21 January 2026
Disposal: WITHDRAWN
Bench: R P MISHRA

Holding

Permission to withdraw the bail application is granted when the petitioner has already been granted default bail.

Summary

The petitioner, Kishore Ram, filed a bail application before this Court. The petitioner later obtained a default bail order from the lower court. Consequently, the petitioner sought permission to withdraw the pending bail application. The Court considered whether a bail application could be withdrawn when the petitioner already enjoys default bail. It held that permission may be granted as the purpose of the application is no longer required. Accordingly, the bail application was dismissed as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the bail application after being granted default bail by the lower court

Subjects

bail
default bail
withdrawal of application
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.80858 of 2025
                     Arising Out of PS. Case No.-209 Year-2020 Thana- PURNEA SADAR District- Purnia
                  ======================================================
                  Kishore Ram son of Late Gena Ram Resident of village- Chopar bharat, Ps-
                  Bochaha, Dist- Muzaffarpur

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Amit Kumar Anand, Advocate
                  For the Opposite Party/s :       Mr. Harendra Prasad, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                  MISHRA
                                        ORAL ORDER

3    21-01-2026             Mr. Amit Kumar Anand, learned counsel for the petitioner

                    seeks permission of this Court to withdraw the present bail

                    application on account of petitioner being granted default bail

                    by the Court below itself.

                            2.      Permission, as prayed for, is accorded.

                            3.      Accordingly, the present bail application is

                    dismissed as withdrawn.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

Continue reading with your account

Checking your session…