Patna High Court

Shashikant Kumar @ Aditya KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The Court held that the bail application may be withdrawn and the petitioner may surrender within four weeks to seek regular bail, which will be considered on its merits without prejudice.

Summary

The petitioner, Shashikant Kumar, filed a bail application in the Patna High Court. After hearing, the petitioner sought permission to withdraw the bail application and to surrender before the lower court within four weeks, with a view to obtain regular bail. The learned counsel for the State opposed the request. The Court granted permission to withdraw the application, allowing the petitioner to surrender and apply for regular bail. It ordered that the regular bail application be heard on its merits on the same day, without prejudice from the present order. The bail application was therefore dismissed as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw his bail application and surrender before the lower court.
Whether the Court can grant liberty to the petitioner to seek regular bail after surrender without prejudice.

Subjects

bail
withdrawal of bail application
surrender
regular bail
criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.89109 of 2025
                 Arising Out of PS. Case No.-825 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
                ======================================================
                Shashikant Kumar @ Aditya Kumar S/O Nand Kishore Yadav @ Nandkishor Kumar
                R/O Village- Fatehpur, P.S- Makhdumpur, Distt.- Jehanabad.
                                                                                  ... ... Petitioner/s
                                                     Versus
                The State of Bihar                                   ... ... Opposite Party/s
                ======================================================
                Appearance :
                For the Petitioner/s     :      Mr. Ajay Kumar Sinha, Advocate
                For the Opposite Party/s :      Mr. Bhanu Pratap Singh, APP
                ======================================================
                CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                                 ORAL ORDER
2 12-01-2026                  Heard Mr. Ajay Kumar Sinha, 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 surrender 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 without being prejudiced by

               any observation in the present order.



                                         (Rajesh Kumar Verma, J)
Suruchi/-
U      T

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