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Patna High Court

Raushan Kumar Yadav @ Raushan Kumar @ Saheb KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The anticipatory bail application is dismissed as withdrawn, and the regular bail application will be considered on its own merits.

Summary

Petitioner Raushan Kumar Yadav filed a second anticipatory bail application, seeking permission to withdraw it so that he could surrender before the lower court and apply for regular bail. The petitioner’s counsel requested that the anticipatory bail be withdrawn to avoid prejudice to the regular bail application. The Court granted the request, dismissing the anticipatory bail application as withdrawn. The Court clarified that the regular bail application would be heard on its own merits, unaffected by the withdrawal of the anticipatory bail. No substantive merits of the bail issues were decided in this order.

Issues considered

  • Whether an anticipatory bail application can be withdrawn at the petitioner's request
  • Whether the withdrawal of an anticipatory bail application prejudices a subsequent regular bail application

Subjects

  • anticipatory bail
  • regular bail
  • withdrawal of bail application
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23345 of 2026
                      Arising Out of PS. Case No.-300 Year-2025 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Raushan Kumar Yadav @ Raushan Kumar @ Saheb Kumar, Son of Sanjay
                 Kumar, R/o Village - Shankar Saraiya Ahir Toli, P.S. - Tukauliya, Dist. - East
                 Champaran.

                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                  ORAL ORDER


2   01-05-2026                   This is the second attempt of the petitioner for grant

                   of anticipatory bail.

                                 2. At the outset, learned counsel for the petitioner

                   submits that he shall be permitted to withdraw the present

                   anticipatory bail application to enable the petitioner to surrender

                   before the learned Court Below and pray for regular bail.

                                 3. Permission is accorded.

                                 4. The present anticipatory bail application stands

                   dismissed as withdrawn.

                                 5. It goes without saying that the regular bail
              Patna High Court CR. MISC. No.23345 of 2026(2) dt.01-05-2026
                                                          2/2




                        application filed by the petitioner shall be considered on its own

                        merit without being prejudiced by the fact that the present

                        anticipatory bail application has been dismissed as withdrawn.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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