Alakh Dev Rai @ Gandhi Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77761 of 2025 Arising Out of PS. Case No.-505 Year-2025 Thana- BARH District- Patna ====================================================== Alakh Dev Rai @ Gandhi Jee Son of Late Kapeshwar Rai R/o Village - Dhanawa, P.S. Barh, Dist. - Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjiv Sharan, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The matter in hand is that during the pendency of the present regular bail application the petitioner was granted bail by the learned Court below.

3. This Court vide order dated 24.11.2025 directed the learned Court below to submit an explanation as to under what circumstances and on what basis the petitioner was released on bail despite the fact that the bail application of the petitioner was pending before this Court.

4. Accordingly, learned A.C.J.M.-I, Barh has sent an explanation contained in letter number 226, dated 10.12.2025 stating therein that "the I.O. of Barh P.S. Case No. 505 of 2025

Patna High Court CR. MISC. No.77761 of 2025(3) dt.04-02-2026 2/2 has not submitted charge-sheet till date. Under this circumstance the benefit of under Section 167(ii) of Cr.P.C. has been given to the petitioner."

5. In view of the above, let the explanation dated 10.12.2025 sent by the learned A.C.J.M.-I, Barh is hereby accepted.

6. At this stage, learned counsel for the petitioner seeks permission of this Court to withdraw this bail application.

7. Prayer is accorded.

8. Accordingly, the present bail application is dismissed as withdrawn.

(Rudra Prakash Mishra, J) Rajorshi/- U T