Patna High Court
Birendra YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The bail petition is dismissed as not pressed, with liberty granted to the petitioner to file a fresh bail petition.
Summary
The petitioner, Birendra Yadav, filed a bail petition in Criminal Miscellaneous No.2424 of 2026 arising from PS Case No.141 of 2025. The petitioner’s counsel indicated that he did not wish to pursue the present bail petition and sought liberty to file a fresh bail petition later, noting that the main case had not been disposed of within three months. The State’s Additional Public Prosecutor raised no objection to the petitioner’s request. The Court, after considering the counsel’s submission, dismissed the bail petition on the ground that it was not being pressed, but granted the petitioner liberty to file a fresh bail petition. Consequently, the bail petition was dismissed without prejudice.
Issues considered
- Whether a bail petition can be dismissed when the petitioner chooses not to press it.
- Whether the petitioner can be granted liberty to file a fresh bail petition in the future.
Subjects
- bail
- criminal procedure
- petition dismissed
- re-filing petition
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2424 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- SALIMPUR District- Patna
======================================================
Birendra Yadav S/o- Baleshwar Yadav Resident of Village- Bachedih
Bachhedih P.S- Nawalshahi District- Koderma Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tej Narayan Singh, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 25-02-2026 Learned counsel for the petitioner does not want to
press this bail petition with liberty to file a fresh bail petition in
case, the case is not disposed of within a period of three months.
2. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
3. In view of the submission of the learned counsel for
the petitioner, this bail petition is dismissed as not pressed with
the aforesaid liberty.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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