Patna High Court
Surendra YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The regular bail application is dismissed as withdrawn, with liberty to the petitioner to file a fresh bail application after charge‑framing.
Summary
The petitioner, Surendra Yadav, applied for regular bail in a criminal case involving offences under the IPC, Arms Act, Explosive Substance Act and UPA Act. Earlier, a group of co‑accused had obtained regular bail, which was later rejected, and they were directed to renew their bail plea after charge‑framing. After charges were framed against the petitioner on 30‑Oct‑2025, he filed a fresh bail application (Cr. Misc. No.9585 of 2026). The petitioner’s counsel sought permission to withdraw this bail application and to be allowed to file a fresh petition after charge‑framing. The Court granted permission to withdraw. Consequently, the bail application was dismissed as withdrawn.
Issues considered
- Whether the petitioner’s regular bail application can be withdrawn and the petitioner be permitted to renew the bail plea after charge‑framing.
Legislation cited
- Arms Act — s. 25(1-b), 26, 27, 35
- Indian Penal Code — s. 120(B), 147, 148, 149, 307, 353, 504
Subjects
- regular bail
- bail withdrawal
- criminal procedure
- IPC
- Arms Act
- Explosive Substance Act
- UPA Act
- charge framing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11120 of 2026
Arising Out of PS. Case No.-55 Year-2018 Thana- DUMARIYA District- Gaya
======================================================
Surendra Yadav Son of Ramlakhan Yadav R/o Village - Sondaha, P.S. - Lutua
(Bankey Bazar), Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. S. Jamil Akhter, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 147, 148, 149, 307, 353, 504
and 120(B) of the Indian Penal Code, Sections 25(1-b), 26, 27
and 35 of the Arms Act, Sections 3, 4 and 5 of the Explosive
Substance Act as well as Sections 16, 18 and 20 of the UPA Act.
3. Learned counsel for the petitioner submits that
Sharwan Yadav @ Ranjeet Yadav @ Bajaria @ Ranjit Yadav @
Bajari @ Shravan Yadav had approached this Court seeking
regular bail by filing Cr. Misc. No. 9585 of 2026 and the same
came to be allowed by an order dated 04.05.2026 on which
learned A.P.P. submits that Sharwan Yadav @ Ranjeet Yadav @
Bajaria @ Ranjit Yadav @ Bajari @ Shravan Yadav had earlier
moved before this Court seeking regular bail by filing Cr. Misc.
Patna High Court CR. MISC. No.11120 of 2026(2) dt.04-05-2026
2/2
No. 13733 of 2024 and the same came to be rejected by an order
dated 10.05.2024 with liberty to Sharwan Yadav @ Ranjeet
Yadav @ Bajaria @ Ranjit Yadav @ Bajari @ Shravan Yadav to
renew his prayer for bail after framing of charge. It is further
submitted that after charges were framed against Sharwan Yadav
@ Ranjeet Yadav @ Bajaria @ Ranjit Yadav @ Bajari @
Shravan Yadav by order dated 30.10.2025, thereafter, he moved
before this Court seeking regular bail by filing Cr. Misc. No.
9585 of 2026.
4. Learned counsel appearing on behalf of the
petitioner seeks permission to withdraw the regular bail
application with liberty to the petitioner to renew his prayer for
bail after framing of charge.
5. Permission is accorded.
6. Accordingly, the instant regular bail application is
dismissed as withdrawn.
(Satyavrat Verma, J)
Kundan/-
U T
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