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Patna High Court

Shiv Nath Sahni @ Shivnath KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court dismissed the bail application as withdrawn.

Summary

Shiv Nath Sahni, the petitioner, was implicated in a criminal case (PS Case No. 83 of 2025) in Samastipur, Bihar. He filed a bail application which had previously been rejected on 08-09-2025. On 12-02-2026, counsel for the petitioner informed the court that the new bail application was filed prematurely and sought its withdrawal. The court noted the premature filing and the petitioner's request to withdraw. Consequently, the bail application was dismissed as withdrawn. No further orders were made.

Issues considered

  • What is the appropriate procedural response when a bail application is filed prematurely and the petitioner seeks to withdraw it?

Subjects

  • bail
  • criminal procedure
  • withdrawal of application
  • pre-mature filing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92027 of 2025
                       Arising Out of PS. Case No.-83 Year-2025 Thana- HALAI District- Samastipur
                 ======================================================
                 Shiv Nath Sahni @ Shivnath Kumar Son of Chotelal Sahni R/o Village - Chak
                 Sikandar, P.S. - Tajpur, District - Samastipur, State - Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Abhay Kumar, Advocate
                 For the State           :        Mr.Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   12-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. When it was pointed out to learned counsel for the

                   petitioner that he has filed the bail application pre-maturaly as

                   earlier the bail application was rejected on 08.09.2025, he prays

                   for withdrawal of this application.

                                 3. Accordingly, the application is dismissed as

                   withdrawn.


                                                                         (Sandeep Kumar, J)

P. Kumar

U     T


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