Patna High Court
Baban YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SONI SHRIVASTAVA
Holding
The court held that the petitioner may withdraw the pending bail application and is entitled to move a fresh bail application before the Special Court, which should be disposed of expeditiously.
Summary
The petitioner, Baban Yadav, filed an application for bail in a criminal miscellaneous case arising from a charge-sheet filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The petitioner, through counsel, sought to withdraw the bail application on the ground that the charge-sheet had already been submitted. The court considered the request and granted liberty to the petitioner to file a fresh bail application before the Special Court designated for matters under the SC/ST Act. It directed that the fresh application be disposed of without unnecessary delay. Consequently, the present bail application was disposed of, and the petitioner's prayer was allowed.
Issues considered
- What is the appropriate procedural course when a bail application is filed after a charge-sheet has been submitted under the SC/ST Act?
- Whether the petitioner may withdraw the bail application and be permitted to file a fresh bail application before the Special Court.
Legislation cited
Subjects
- bail
- charge-sheet
- SC/ST Act
- withdrawal of application
- Special Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25675 of 2026
Arising Out of PS. Case No.-239 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Baban Yadav S/O Late Rajnath Yadav R/O Village- Sauva Bandh, P.S- Buxar
(Muffasil), Distt.- Buxar (Bihar). ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Narayan, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 10-06-2026 Mr. Amit Narayan, learned counsel appearing on
behalf of the petitioner, prays for withdrawing the present
application as charge-sheet has been submitted in this case
under the provisions of SC/ST Act. In such view of the matter,
liberty is granted to the petitioner to move a fresh application
for bail before the learned Special Court concerned, which shall
be disposed of without making any unnecessary delay.
2. Prayer is allowed.
3. Accordingly, this application is disposed of with the
liberty aforesaid.
(Soni Shrivastava, J)
Trivedi/-
U T
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