Patna High Court
Naresh Kumar Mandal @ Naresh Kumar @ Naresh MandalversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- JITENDRA KUMAR
Holding
The Court allowed the withdrawal of the petition with liberty to surrender and dismissed the petition as withdrawn.
Summary
The petitioners, Naresh Kumar Mandal and Dilkhush Kumar, filed a criminal miscellaneous petition before the Patna High Court seeking permission to withdraw the pending petition and to surrender before the trial court. The petition raised the question of whether the High Court could grant liberty to withdraw the petition while allowing surrender. Counsel for the petitioners argued that surrender would facilitate the regular bail process. The Court, after hearing the arguments, granted permission to withdraw the petition and dismissed it as withdrawn, thereby allowing the petitioners to surrender. The Court further directed that the lower court may entertain a regular bail application filed together with a surrender certificate on the same day, if feasible.
Issues considered
- Whether the High Court may permit withdrawal of a criminal petition with liberty to surrender before the trial court
Subjects
- withdrawal of petition
- surrender
- bail
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86385 of 2025
Arising Out of PS. Case No.-863 Year-2021 Thana- SUPAUL District- Supaul
======================================================
1. Naresh Kumar Mandal @ Naresh Kumar @ Naresh Mandal, S/O Shambhu
Mandal, Resident of village- Kariho, Ward No. 14, Police Station- Supaul,
District- Supaul
2. Dilkhush Kumar @ Dilkhush Mandal, S/O Chander Mandal, Resident of
village- Kariho, Ward No. 14, Police Station- Supaul, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate.
For the State : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
4 02-04-2026 After some argument, learned counsel for the
petitioners is seeking permission to withdraw the present
petition with liberty to surrender before learned court below.
2. Permission is accorded.
3. Accordingly, the present petition is dismissed as
withdrawn with aforesaid liberty as sought for.
4. Learned court below may consider the regular bail
petition of the petitioners, if filed along with surrender
certificate, on the same day, if possible.
(Jitendra Kumar, J)
S.Ali/-
U T
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