Patna High Court
Md. AzadversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJESH KUMAR VERMA
Holding
The court permitted the withdrawal of the application, granted liberty to surrender within four weeks, and directed that regular bail be considered on its merits.
Summary
The petitioner, Md. Azad, was involved in a criminal case (PS Case No. 916 of 2025) before the Patna High Court. He filed an application seeking regular bail and requested permission to withdraw the application, with liberty to surrender before the lower court within four weeks. The petitioner’s counsel, Mr. Kamal Kishore Singh, argued for this withdrawal and surrender provision. The court considered the request and, without prejudice, granted permission to withdraw the application. It ordered that the petitioner may surrender and apply for regular bail before the subordinate court, which will be decided on its merits on the same day. The application was consequently dismissed as withdrawn.
Issues considered
- What is the appropriate procedure for withdrawing a bail application?
- Should the petitioner be granted liberty to surrender before the lower court within a specified period?
- Is the petitioner entitled to seek regular bail after surrender?
Subjects
- bail
- withdrawal of application
- surrender
- criminal procedure
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88255 of 2025
Arising Out of PS. Case No.-916 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
Md. Azad Son of Md. Wasim Resident of Village - Nariyar Ward No.- 08,
P.S.- Saharsa, District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-01-2026 Heard Mr. Kamal Kishore Singh, learned counsel for
the petitioner and Mr. Bhanu Pratap Singh, learned APP for the
State.
2. After some arguments, learned counsel for the
petitioner seeks permission to withdraw the application with
liberty to the petitioner to surrender before the learned Court
below within a period of four weeks from today and seeks
regular bail.
3. Permission is accorded.
4. The application is dismissed as withdrawn with the
liberty that the petitioner surrenders and seeks regular bail
before the learned Court below, the same shall be considered
and disposed of on the same day, on its own merit, in
accordance with law and without being prejudiced by any
Patna High Court CR. MISC. No.88255 of 2025(2) dt.09-01-2026
2/2
observation in the present order.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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