Patna High Court

Avinash Kumar @ DurkalbaversusThe State of Bihar

Decided: 25 March 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The Court permitted the withdrawal of the bail application and dismissed it as withdrawn.

Summary

The petitioner, Avinash Kumar, filed a bail application in the Patna High Court in connection with a criminal case arising from PS case No.87 of 2025. During the hearing, counsel for the petitioner sought the Court’s permission to withdraw the bail application, requesting liberty to approach the appropriate forum after the charge is framed. The State, represented by the Additional Public Prosecutor, opposed the withdrawal. Justice Rajesh Kumar Verma granted the petitioner's request, allowing the withdrawal and directing that the application stand dismissed as withdrawn. Consequently, the bail application was not decided on its merits, and the petitioner was given liberty to pursue the matter in the proper forum post‑framing of charges.

Issues considered

Whether a bail application may be withdrawn at the petitioner's request.
Whether the petitioner can be granted liberty to approach the appropriate forum after the charge is framed.

Subjects

bail
withdrawal of application
criminal procedure
high court
petitioner's liberty

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.85448 of 2025
                       Arising Out of PS. Case No.-87 Year-2025 Thana- MATIHANI District- Begusarai
                  ======================================================
                  Avinash Kumar @ Durkalba son of Umakant Singh Resident Of Village-
                  Ramdiri Mahaji Bhavanandpur, Ward No 11, Ps- Motihari, District -Begusarai
                                                           ... ... Petitioner/s
                                                 Versus
                  The State of Bihar                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Rahul Singh, Advocate
                  For the Opposite Party/s :        Mr. Bhanu Pratap Singh, APP
                  For the Informant        :        Mr. Shashi Dhar Jha, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

4    25-03-2026                     Heard Mr. Rahul Singh, learned counsel for the

                    petitioner, Mr. Shashi Dhar Jha, learned counsel for the

                    informant and Mr. Bhanu Pratap Singh, learned Additional

                    Public Prosecutor for the State.

                                 2. After some arguments, learned counsel for the

                    petitioner seeks permission to withdrawn the present bail

                    application with liberty to the petitioner to move before the

                    appropriate forum after framing of charge.

                                 3. Permission is accorded.

                                 4. With the aforesaid liberty, the present application

                    stands dismissed as withdrawn.



                                           (Rajesh Kumar Verma, J)
Vanisha/-
U      T

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