Patna High Court
Chandan Yadav @ Chandan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The appeal is disposed of as withdrawn, with liberty to surrender and apply for regular bail.
Summary
The appellants, four Yadav brothers, were charged under multiple provisions of the Bhartiya Nyaya Sanhita, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in a complaint case. They appealed against the trial court’s order granting anticipatory bail. During the pendency of the appeal, the first appellant was arrested and the remaining appellants sought to withdraw the appeal so that they could surrender before the trial court and apply for regular bail. The High Court, after hearing counsel, allowed the withdrawal and disposed of the appeal as withdrawn, granting them liberty to surrender and seek regular bail without prejudice. The order emphasizes that any subsequent bail application will be considered on its own merits.
Issues considered
- Whether an appeal against an order granting anticipatory bail can be withdrawn after filing
- Effect of withdrawal on the status of anticipatory bail and the right to seek regular bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 190, 192(2), 303(2), 333, 3(5), 352, 357(2), 357(3), 62, 64, 76
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(i), 3(ii), 3(viii), 3(x), 3(xi)
Subjects
- anticipatory bail
- regular bail
- withdrawal of appeal
- SC/ST Act
- Bhartiya Nyaya Sanhita
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4601 of 2025
Arising Out of PS. Case No.-103 Year-2024 Thana- COMPLAINT CASE District- Araria
======================================================
1. Chandan Yadav @ Chandan Kumar Yadav son of Late Madhi Yadav @
Madho Yadav R/O Village - Tamganj, Ward no 3, P.S - Narpatganj, District -
Araria
2. Jagdish Yadav son of Late Madho Yadav @ Madhi Yadav R/O Village -
Tamganj, Ward no 3, P.S - Narpatganj, District - Araria
3. Suresh Yadav son of Late Madho Yadav @ Madhi Yadav R/O Village -
Tamganj, Ward no 3, P.S - Narpatganj, District - Araria
4. Chhotu Yadav @ Prince Kumar S/O Jagdish Yadav R/O Village - Tamganj,
Ward no 3, P.S - Narpatganj, District - Araria
... ... Appellant/s
Versus
1. The State of Bihar
2. Nunulal Rishidev S/O late Vidyalay Rishidev R/O Village - Tamganj, Ward
no 3, P.S - Narpatganj, District - Araria
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Arun, Advocate
Mr. Md. Anwar, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P
For the Informant : Mr. Pratyush, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 23-02-2026 Heard learned counsel for the parties.
2. The instant appeal has been preferred against the
order dated 16.10.2025 passed in A.B.P no.1855 of 2025 by the
learned 1st Additional Sessions Judge-cum-Special Judge, Araria
and for grant of anticipatory bail in connection with Complaint
SC and ST Case no.103 of 2024 registered under sections
192(2), 190, 115(2), 126(2), 333, 303(2), 76, 64, 62, 352, 357,
(2) & (3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and
sections 3(i), (ii), (viii), (x) and (xi) of the Scheduled Castes and
Patna High Court CR. APP (SJ) No.4601 of 2025(3) dt.23-02-2026
2/2
the Scheduled Tribes (Prevention of Atrocities) Act.
3. After some argument, learned counsel for the
appellants submits that it is not in dispute that cognizance has
been taken by the learned trial Court besides other sections also
under section 3(i)(s) of the SC and ST Act.
4. In view of the fact and circumstances of the case,
learned counsel for the appellants seeks permission to withdraw
the instant appeal to enable the appellant nos. 2, 3 and 4 to
surrender in the learned Court below (appellant no.1 having
already been arrested during pendency of the instant appeal) and
to move an appropriate application for grant of regular bail.
5. In view of the facts and circumstances of the case,
after some argument, the appeal is disposed of as withdrawn
with the aforesaid liberty.
6. In case the appellants so surrender within the
aforesaid period and pray for regular bail, the same shall be
considered on its own merit without being prejudiced by this
order of dismissal/withdrawal.
(Partha Sarthy, J)
Shiv/-
U T
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