Patna High Court
Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJESH KUMAR VERMA
Holding
The Court allowed the withdrawal of the bail application and directed the petitioners to surrender and seek regular bail, to be decided on its merits.
Summary
The petitioners Sanjay Yadav, Anil Yadav and Ashok Yadav filed a bail application in Criminal Miscellaneous No.19574 of 2026 arising from a 2021 case. They later sought the Court's permission to withdraw that bail application, surrender themselves within four weeks, and apply for regular bail. The learned counsel for the petitioners requested this withdrawal and the Court considered the request. Justice Rajesh Kumar Verma granted permission to withdraw the bail application and ordered that the petitioners surrender and file a fresh regular bail application, which will be heard on its merits without prejudice. The original bail application was therefore dismissed as withdrawn.
Issues considered
- Whether the petitioners may withdraw their pending bail application and be permitted to surrender before the lower court
- Whether the petitioners can subsequently apply for regular bail without prejudice to the earlier application
Subjects
- bail
- withdrawal of bail application
- surrender
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19574 of 2026
Arising Out of PS. Case No.-265 Year-2021 Thana- VIJAYEPUR District- Gopalganj
======================================================
1. Sanjay Yadav S/o- Ashok Yadav Resident of Village- Koreya PS- Vijaipur
District- Gopalganj
2. Anil Yadav S/o- Ashok Yadav Resident of Village- Koreya PS- Vijaipur
District- Gopalganj
3. Ashok Yadav S/o- Late Suba Yadav Resident of Village- Koreya PS-
Vijaipur District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
For the Informant : Mr. Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-04-2026 Heard Mr. Pankaj Kumar Dubey, learned counsel
for the petitioners, Mr. Binod Kumar, Additional Public
Prosecutor for the State as well as learned counsel for the
informant.
2. After some arguments, learned counsel for the
petitioners seeks permission to withdraw this bail application
with a liberty to the petitioners to surrender before the learned
Court below within a period of four weeks from today and seek
regular bail.
3. Permission is accorded.
4. The application is dismissed as withdrawn with the
Patna High Court CR. MISC. No.19574 of 2026(2) dt.17-04-2026
2/2
liberty that the petitioners surrender and seek regular bail before
the learned Court below, the same shall be considered on the
same day on its own merit in accordance with law and without
being prejudiced by any observation in the present order.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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