Patna High Court

Nagendra Prasad @ Nagen PrasadversusThe State of Bihar

Decided: 20 February 2026
Disposal: DISPOSED
Bench: SOURENDRA PANDEY

Holding

The application is disposed of as withdrawn, with liberty to file a regular bail application before the lower court.

Summary

The petitioner, Nagendra Prasad, filed an application in the Patna High Court seeking to withdraw that application and instead request regular bail before the lower court. The petitioner’s counsel argued for liberty to withdraw and to make a fresh bail prayer. The Court held that the withdrawal could be permitted and that the lower court should consider the regular bail application on its own merits without prejudice. Consequently, the High Court disposed of the present application as withdrawn while granting liberty to file a regular bail application. The lower court is directed to hear the bail matter independently on the same day.

Issues considered

Whether the petitioner may withdraw the pending application and seek regular bail before the lower court
Whether withdrawal of the application prejudices the lower court's consideration of the regular bail application

Subjects

bail
withdrawal of application
regular bail
criminal procedure
high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.90740 of 2025
                 Arising Out of PS. Case No.-217 Year-2025 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Nagendra Prasad @ Nagen Prasad S/O Late Mahanth Mahto @ Mahanth
                 Prasad Resident Of Village- Ahwar Shekh, Ward No 09, Ps Majhauliya, Dist-
                 West Champaran,(Bettiah), Bihar. Pin Code-845459. (Aadhar No. 3918 1212
                 2691).
                                                                           ... ... Petitioner/s
                                                   Versus
                 The State of Bihar Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 For the Petitioner/s     :       Mr.Shraddhanand Paswan, Adv.
                 For the Opposite Party/s :       Mr. Sujeet Kumar, Adv.
                                                  Mr. Sonu Singh, Adv.
                 For the State            :       Mr.Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   20-02-2026                    Heard the learned counsel for the parties.

                                  2. After some arguments, the learned counsel for the

                   petitioner seeks liberty to withdraw the present application and

                   make a prayer for regular bail before the learned Court below.

                                  3. It goes without saying that the learned Court below

                   shall hear the surrender-cum-regular bail application on its own

                   merits without being prejudiced by the withdrawal of the present

                   application and pass necessary order on the same day.

                                  4. The application stands disposed of as withdrawn with

                   the aforesaid liberty.



                                              (Sourendra Pandey, J)
Gautam/-
U     T

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