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Patna High Court

Baban YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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
                  ======================================================
                  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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