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Patna High Court

Shivjee Mahto @ Shivaji MahtoversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition is dismissed as withdrawn, with liberty granted to the petitioner to renew a bail application after framing of charge.

Summary

Shivjee Mahto was arrested in connection with a case registered under PS. Case No.-79 Year-2025 at Mansurchak, Begusarai. He filed a regular bail application before the Patna High Court. During the hearing, the petitioner’s counsel requested permission to withdraw the bail application, citing difficulty, and sought liberty to file a fresh bail petition after the charge sheet is framed. The Court, after hearing both sides, granted the request, allowing the withdrawal and permitting a future bail application post charge framing. Consequently, the petition was dismissed as withdrawn with liberty to reapply.

Issues considered

  • Whether the petitioner may withdraw a regular bail application and be permitted to file a fresh bail petition after the charge is framed

Subjects

  • bail
  • withdrawal of application
  • regular bail
  • criminal procedure
  • high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8759 of 2026
                    Arising Out of PS. Case No.-79 Year-2025 Thana- MANSURCHAK District- Begusarai
                  ======================================================
                  Shivjee Mahto @ Shivaji Mahto S/O Late Sajivadh Mahto @ Jivachh Mahto
                  R/O Village- Ganaptaul, Ward No.- 10, P.S- Mansurchak, District - Begusarai

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Krishna Prabhat
                  For the Opposite Party/s :      Mr.Vinod Shanker Modi
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    23-04-2026                  1. Heard learned counsel for the petitioner and

                    learned A.P.P. for the State.

                                 2. The learned counsel for the petitioner, after arguing

                    vehemently for sometimes realizing his difficulty, seeks

                    permission to withdraw the present regular bail application with

                    liberty to the petitioner to renew his prayer for bail after framing

                    of charge.

                                 3. Permission is accorded.

                                 4. Accordingly, instant petition is dismissed as

                    withdrawn with the liberty aforesaid.


                                               (Satyavrat Verma, J)
vikash/-

U          T


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