Patna High Court

Komal Yadav @ Kamal Kishore YadavversusThe State of Bihar

Decided: 26 February 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The anticipatory bail application is dismissed as withdrawn, and its withdrawal does not prejudice any future regular bail application.

Summary

The petitioner, Komal Yadav, filed an anticipatory bail application in the High Court of Patna in connection with a criminal case arising from an excise matter. During the hearing, the petitioner’s counsel sought permission to withdraw the anticipatory bail application and instead surrender to the authorities to seek regular bail. The Court granted permission to withdraw the anticipatory bail application, dismissing it as withdrawn. The Court clarified that the petitioner’s surrender and subsequent regular bail application would be considered on its own merits, without any prejudice arising from the earlier withdrawal. Thus, the anticipatory bail petition was closed, and the petitioner was free to approach the trial court for regular bail.

Issues considered

Whether an anticipatory bail application can be withdrawn at the petitioner's request
Whether withdrawal of an anticipatory bail application prejudices a later application for regular bail after surrender

Subjects

anticipatory bail
regular bail
withdrawal of application
surrender
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12257 of 2026
                     Arising Out of PS. Case No.-281 Year-2025 Thana- Excise P.S. District- Madhepura
                 ======================================================
                 Komal Yadav @ Kamal Kishore Yadav S/o Mithan Yadav R/o Village-
                 Sakarpura, Ward No.4, P.S.- Bharahi, District- Madhepura
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Alok Kumar Alok
                 For the Opposite Party/s :        Mr. Nityanand
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-02-2026                  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 anticipatory bail

                   application with liberty to the petitioner to surrender and seek

                   regular bail.

                                3. Permission is accorded.

                                4. The anticipatory bail application of the petitioner is

                   dismissed as withdrawn.

                                5. It is made clear that if petitioner surrenders and seeks

                   regular bail, the same shall be considered on its own merit without

                   being prejudiced by the fact that petitioner before this Court

                   withdrew his anticipatory bail application.



                                              (Satyavrat Verma, J)
amit/-
U      T

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