Patna High Court
Bhola Yadav @ Mukesh Yadav @ Mukesh Kumar Yadav @ Bhola Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application is dismissed as withdrawn, and the petitioner is permitted to surrender and seek regular bail.
Summary
The petitioner, Bhola Yadav, filed an anticipatory bail application in a criminal case arising from PS Jogbani, Araria. During the hearing, the petitioner’s counsel sought permission to withdraw the anticipatory bail application and to surrender, intending to apply for regular bail. The Hon'ble Justice Satyavrat Verma granted the request, clarifying that the trial court would consider the regular bail application on its merits without prejudice. The court ordered that the anticipatory bail application be dismissed as withdrawn, granting the petitioner liberty to surrender. Consequently, the petitioner may now approach the trial court for regular bail after surrendering.
Issues considered
- Whether an anticipatory bail application can be withdrawn by the petitioner.
- Whether the petitioner may surrender and subsequently seek regular bail without prejudice.
Subjects
- anticipatory bail
- withdrawal of bail application
- regular bail
- surrender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10116 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- JOGBANI District- Araria
======================================================
Bhola Yadav @ Mukesh Yadav @ Mukesh Kumar Yadav @ Bhola Kumar
Yadav S/O Rama Yadav R/O Tikulia Basti, P.S- Jogbani, Distt.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Raj, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 1. Heard learned counsel for the petitioner and the
learned APP for the State.
2. The learned counsel for the petitioner, after some
arguments, seeks permission to withdraw the anticipatory bail
application with liberty to surrender and seek regular bail.
3. Permission is accorded.
4. It is made clear that if petitioner surrenders and
seeks regular bail, the learned Trial Court shall consider the case
on its own merit without being prejudiced by the fact that
Patna High Court CR. MISC. No.10116 of 2026(3) dt.16-03-2026
2/2
petitioner, before this Court, withdrew his anticipatory bail
application.
5. Accordingly, the instant anticipatory bail
application is dismissed as withdrawn with the liberty
aforesaid.
(Satyavrat Verma, J)
Rishabh/-
U T
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