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Patna High Court

Pappu SahversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The bail application is dismissed as withdrawn, with liberty granted to the petitioner to surrender and seek regular bail before the lower court.

Summary

The petitioner, Pappu Sah, filed a bail application in the Patna High Court. He later sought permission to withdraw that application and to surrender before the lower court within four weeks, requesting that a regular bail be considered thereafter. The learned counsel for the petitioner argued for this withdrawal and liberty to surrender. The Court, after hearing both sides, granted permission to withdraw the bail application and dismissed it as withdrawn, while directing that the petitioner may surrender and apply for regular bail before the subordinate court. The Court further ordered that the regular bail application be heard on its merits on the same day without prejudice from the present order.

Issues considered

  • Whether the petitioner may be permitted to withdraw his bail application and surrender before the lower court within a stipulated period
  • Whether the Court can direct that a regular bail application be considered on its merits after such withdrawal

Subjects

  • bail
  • withdrawal of bail application
  • regular bail
  • surrender
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86621 of 2025
                    Arising Out of PS. Case No.-32 Year-2009 Thana- PATAHI District- East Champaran
                 ======================================================
                 Pappu Sah Son of Barhamdeo Sah (Wrongly stated in the Impugned order
                 Wife of Barhamdeo Sah), Resident of Village - Bakhari, P.S. - Patahi, District
                 - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Madhurendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-01-2026                    Heard Mr. Madhurendra Kumar, learned counsel for

                   the petitioner and Mr. Bhanu Pratap Singh, 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 seek regular bail

                    before the learned Court below, the same shall be considered

                    on the same day on its own merit in accordance with law and
            Patna High Court CR. MISC. No.86621 of 2025(2) dt.08-01-2026
                                                        2/2




                      without being prejudiced by any observation in the present

                      order.




                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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