Patna High Court
Ajay Yadav @ Ajay Prasad Yadav @ Ajay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the petitioner to withdraw the anticipatory bail application and dismissed it as withdrawn.
Summary
The petitioner, Ajay Yadav, filed an anticipatory bail application before the Patna High Court. During the hearing, his counsel requested permission to withdraw the anticipatory bail application and instead surrender to the trial court to seek regular bail. The Court granted the request, clarifying that the trial court must consider the regular bail application on its merits without prejudice for the earlier withdrawal. Consequently, the anticipatory bail application was dismissed as withdrawn, and the petitioner was given liberty to surrender and apply for regular bail. The order emphasizes that withdrawal of anticipatory bail does not affect the trial court’s discretion in granting regular bail.
Issues considered
- Whether an anticipatory bail application can be withdrawn by the petitioner
- Whether withdrawal of anticipatory bail prejudices the trial court’s consideration of a subsequent regular bail application
Subjects
- anticipatory bail
- withdrawal
- regular bail
- criminal procedure
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13151 of 2026
Arising Out of PS. Case No.-293 Year-2025 Thana- EXCISE MADHUBAN District- East
Champaran
======================================================
Ajay Yadav @ Ajay Prasad Yadav @ Ajay Kumar Yadav S/O Surendra Yadav
@ Sahdeo R/O Village- Ghansi Pakar, Barmadiya, P.S- Chakia, Dist.- East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 1. Heard learned counsel for the petitioner and the
learned APP for the State.
2. The learned counsel for the petitioner, after
arguing vehemently for some times realizing his difficulty, seeks
permission to withdraw the anticipatory bail application with
liberty to the petitioner to surrender and seek regular bail.
3. Permission is accorded.
4. It is made clear that if the 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
petitioner, before this Court, withdrew his anticipatory bail
application.
5. Accordingly, the instant anticipatory bail
Patna High Court CR. MISC. No.13151 of 2026(2) dt.10-03-2026
2/2
application is dismissed as withdrawn with the liberty
aforesaid.
(Satyavrat Verma, J)
Rishabh/-
U T
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