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Patna High Court

Birendra YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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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