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Patna High Court

Chandan Yadav @ Chandan Kumar YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The appeal is disposed of as withdrawn, with liberty to surrender and apply for regular bail.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 The High Court, after hearing counsel, allowed the withdrawal and disposed of the appeal as withdrawn, granting them liberty to surrender and seek regular bail without prejudice.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  • Whether an appeal against an order granting anticipatory bail can be withdrawn after filing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

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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