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Patna High Court

Sanjay YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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 The original bail application was therefore dismissed as withdrawn.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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