Patna High Court
Manjesh YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The Court held that an anticipatory bail application may be withdrawn and the petition dismissed, with liberty to surrender and seek regular bail.
Summary
Manjesh Yadav filed an anticipatory bail application before the Patna High Court in a criminal miscellaneous case. He later approached the Court seeking permission to withdraw the anticipatory bail and to surrender, requesting that he be allowed to apply for regular bail. The learned counsel for the petitioner argued that continuing with the anticipatory bail would cause difficulty. The Court granted permission to withdraw the anticipatory bail application and dismissed the petition, giving the petitioner liberty to surrender and seek regular bail. It directed that the District Court, on receipt of the surrender, should consider the regular bail application on its merits without prejudice. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether an anticipatory bail application can be withdrawn by the petitioner
- Whether surrender and a subsequent regular bail application can be entertained after withdrawal of anticipatory bail
Subjects
- anticipatory bail
- withdrawal
- regular bail
- surrender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21395 of 2026
Arising Out of PS. Case No.-190 Year-2023 Thana- Excise P.S. District- Madhepura
======================================================
Manjesh Yadav Son of Dinesh Yadav Resident of Village- Godhiari, Ward No.
03, P.S.- Madhepura, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Pooja Prasad
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. Sri Chandra Bhushan Prasad for the State.
2. The learned counsel for the petitioner, after
arguing vehemently for sometimes realizing his difficulty,
seeks permission to withdraw the present anticipatory bail
application with liberty to the petitioner to surrender and
seek regular bail.
3. Permission is accorded.
4. Accordingly, instant petition is dismissed as
withdrawn with the liberty aforesaid.
5. It is made clear that if petitioner surrenders and
seeks regular bail, in that event, the learned District Court
shall consider the case on its own merit without being
prejudiced by the fact that petitioner before this Court
Patna High Court CR. MISC. No.21395 of 2026(2) dt.01-04-2026
2/2
withdrew his anticipatory bail application.
(Satyavrat Verma, J)
vikash/-
U T
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