Patna High Court

Sinku @ Tinku Yadav @ Sinku KumarversusThe State of Bihar

Decided: 13 March 2026
Disposal: WITHDRAWN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The Court allowed the petitioner to withdraw the anticipatory bail application and dismissed it as withdrawn.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, Sinku @ Tinku Yadav, was implicated in a criminal case (PS Case No.133 of 2025) and filed an anticipatory bail application under Section 438 of the Criminal Procedure Code. During the hearing on 13-03-2026, the petitioner, through counsel Mr. Dr. Raushan, requested permission to withdraw the anticipatory bail application. The Hon'ble Justice Satyavrat Verma granted the request, ordering that the anticipatory bail application be dismissed as withdrawn. The Court further clarified that the petitioner may later surrender and apply for regular bail before the district court, which must consider the application on its merits without prejudice due to the earlier withdrawal. No other substantive arguments or evidence were discussed in the order.

Issues considered

Whether a petitioner may withdraw an anticipatory bail application after filing it
Whether withdrawal of an anticipatory bail application prejudices a subsequent regular bail application

Subjects

anticipatory bail
withdrawal of bail application
regular bail
Criminal Procedure Code
Section 438

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.14854 of 2026
                       Arising Out of PS. Case No.-133 Year-2025 Thana- Baijnathpur District- Saharsa
                  ======================================================
                  Sinku @ Tinku Yadav @ Sinku Kumar S/o Vijay Yadav @ Bijendra Yadav
                  R/o- Bhagwanpur, Ward No. 5, P.S.- Baijnathpur, District- Saharsa- 852221
                                                                               ... ... Petitioner/s
                                                    Versus
                  The State of Bihar
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Dr Raushan
                  For the Opposite Party/s :        Mr.Braj Kishore Pd.(App)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    13-03-2026               1.    Heard learned counsel for the petitioner and learned

                    APP for the State.

                              2.    Learned counsel for the petitioner, after some

                    arguments, seeks permission to withdraw the anticipatory bail

                    application.

                              3.    Permission is accorded.

                              4.    Accordingly, the anticipatory bail application is

                    dismissed as withdrawn.

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

                    seeks regular bail, in that event the learned district court shall

                    consider the case on its own merits without being prejudiced by the

                    fact that petitioner before this Court withdrew the anticipatory bail

                    application.



                                               (Satyavrat Verma, J)
Sumit/-
U       T

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