Patna High Court
Pappu SahversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJESH KUMAR VERMA
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The bail application is dismissed as withdrawn, with liberty granted to the petitioner to surrender and seek regular bail before the lower court.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 The Court, after hearing both sides, granted permission to withdraw the bail application and dismissed it as withdrawn, while directing that the petitioner may surrender and apply for regular bail before the subordinate court.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
Checking your session…