Patna High Court

Vijay Yadav @ Vijo @ BaijuversusThe State of Bihar

Decided: 16 April 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The Court held that the petitioner may withdraw his regular bail application and may reapply for bail after the charge is framed.

Summary

Vijay Yadav was arrested in connection with PS case No.459 of 2025 and filed a regular bail application before the Patna High Court. After initial arguments, the petitioner sought the Court's permission to withdraw his bail application, requesting liberty to file a fresh bail petition after the charge was framed. The learned counsel for the petitioner made this request, and the Court considered whether such withdrawal and re‑application were permissible. The Court, exercising its inherent powers, granted the petitioner's request, allowing the withdrawal. Consequently, the regular bail application was dismissed as withdrawn, with liberty to re‑apply post charge framing.

Issues considered

Whether a petitioner may withdraw a regular bail application and be permitted to file a fresh bail application after the charge is framed

Subjects

regular bail
withdrawal of bail application
criminal procedure
right to bail
bail after charge framing

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.10307 of 2026
                        Arising Out of PS. Case No.-459 Year-2025 Thana- GRIYAK District- Nalanda
                  ======================================================
                  Vijay Yadav @ Vijo @ Baiju S/o Rupa Yadav R/o Village - Giriyak Nichali
                  Bazar, P.S - Giryak, District - Nalanda

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Ms. Kumari Sujata Sinha
                  For the Opposite Party/s :       Mr. Md. Aslam Ansari
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    16-04-2026                  1. Heard learned counsel for the petitioner and learned

                    A.P.P. for the State.

                                 2. Learned counsel for the petitioner after some

                    argument seeks permission to withdraw the regular bail

                    application with liberty to the petitioner to renew his prayer for

                    bail after framing of charge.

                                 3. Permission is accorded.

                                 4. The regular bail application of the petitioner is

                    dismissed as withdrawn with aforesaid liberty.



                                               (Satyavrat Verma, J)
amit/-

U        T

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