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Patna High Court

Devpujan Rai @ Deopujan RaiversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court allowed the withdrawal of the application and granted liberty to the petitioner to surrender and seek regular bail, to be decided on its merits.

Summary

The petitioner, Devpujan Rai, filed an application before the Patna High Court seeking permission to withdraw the pending application and to surrender within three weeks, requesting regular bail thereafter. The State of Bihar opposed the request. The learned counsel for the petitioner argued for the withdrawal and liberty to surrender, while the State's counsel opposed. The court, after hearing both sides, granted permission to withdraw the application and ordered that the petitioner may surrender and apply for regular bail before the lower court, which will be decided on its merits. The application was consequently dismissed as withdrawn, without prejudice to any observations made in the order.

Issues considered

  • Whether the petitioner may be permitted to withdraw the application and surrender before the lower court.
  • Whether the court can grant liberty to the petitioner to seek regular bail after surrender.

Subjects

  • withdrawal of application
  • regular bail
  • surrender
  • criminal procedure
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9545 of 2026
                         Arising Out of PS. Case No.-118 Year-2022 Thana- MAKER District- Saran
                 ======================================================
                 Devpujan Rai @ Deopujan Rai S/o Suresh Rai R/o Village- Chandila, P.S.-
                 Maker, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dhananjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :        Ms.Pushpa Sinha-1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   25-02-2026                       Heard Mr.Dhananjay Kumar Tiwary, learned

                   counsel for the petitioner and Ms.Pushpa Sinha-1, learned

                   APP for the State.

                                2. After some arguments, learned counsel for the

                   petitioner seeks permission to withdraw this application with

                   liberty to the petitioner to surrender before the learned court

                   below within a period of three weeks from today and seek

                   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

                   on the same day on its own merit in accordance with law and
               Patna High Court CR. MISC. No.9545 of 2026(2) dt.25-02-2026
                                                           2/2




                         without being prejudiced by any observation in the present

                         order.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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