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Patna High Court

Lalan Yadav @ Bhagat Ji @ Baidh Jee @ BhagatversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court allowed the withdrawal of the bail application and dismissed it, granting liberty to re‑apply for bail after the charge sheet is filed.

Summary

The petitioner, Lalan Yadav, was taken into custody on 7 February 2026 in connection with a case involving the alleged recovery of liquor, arms, and cartridges. The petitioner’s name appeared in a confessional statement made by another accused, Akhilesh, while in police custody, but the counsel argued that such a statement lacks evidentiary value. The petitioner had previously filed a regular bail application, which he now sought to withdraw, requesting permission to file a fresh bail petition after the charge sheet is framed. The court examined whether a bail application could be withdrawn and whether the petitioner could be allowed to re‑apply later. The judge granted permission to withdraw the bail application and dismissed it, while expressly allowing the petitioner to seek bail again after charges are framed.

Issues considered

  • What is the effect of a confessional statement of a co‑accused on the bail application?
  • Can a bail application be withdrawn and the petitioner be permitted to re‑file after charge framing?

Subjects

  • bail
  • withdrawal
  • confessional statement
  • evidentiary value
  • criminal procedure
  • arms seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22027 of 2026

                       Arising Out of PS. Case No.-459 Year-2025 Thana- GRIYAK District- Nalanda
                 ======================================================
                 Lalan Yadav @ Bhagat Ji @ Baidh Jee @ Bhagat Son of Late Raman Yadav
                 R/O Village - Mungar Bigha, P. S - Giriyak, District - Nalanda

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar, Advocate
                 For the Opposite Party/s :       Ms. Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and is in custody since

                   07.02.2026 and allegation is of recovery of liquor along with

                   arms and cartridges, but then petitioner was not arrested and his

                   name transpired in the confessional statement of Akhilesh in

                   police custody which does not have any evidentiary value.

                                3. The learned counsel for the petitioner, after some

                   arguments, seeks permission to withdraw the regular bail

                   application with liberty to the petitioner to renew his prayer for

                   bail after framing of charge.
            Patna High Court CR. MISC. No.22027 of 2026(2) dt.20-04-2026
                                                        2/2




                                   4. Permission is accorded.

                                   5. Accordingly, the bail application is dismissed as

                      withdrawn with the liberty aforesaid.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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