Patna High Court
Avinash Kumar Yadav @ Avinash Kumar @ Vikki @ Vikki KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJESH KUMAR VERMA
Holding
The court allowed the withdrawal of the bail application and directed the petitioner to surrender within four weeks to seek regular bail.
Summary
The petitioner, Avinash Kumar Yadav, filed a bail application in a criminal case alleging that the FIR was wrongly registered. He later sought the court's permission to withdraw the bail application and to surrender within four weeks to apply for regular bail. The learned counsel for the petitioner requested this liberty, and the court considered the request. Justice Rajesh Kumar Verma granted permission to withdraw the bail application, directing the petitioner to surrender and seek regular bail before the lower court within the stipulated period. The court ordered that the regular bail application be heard on its merits without prejudice from the present order.
Issues considered
- Whether a petitioner may withdraw a bail application and be granted liberty to surrender and seek regular bail
- Whether the court can condition the withdrawal on a specified surrender period
Subjects
- bail
- withdrawal of bail application
- regular bail
- surrender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26788 of 2026
Arising Out of PS. Case No.-939 Year-2019 Thana- NAGAR District- Vaishali
======================================================
Avinash Kumar Yadav @ Avinash Kumar @ Vikki @ Vikki Kumar S/o
Birendra Ray @ Birendra Kumar Ray RO Village - Rambhadra, Ward No. 13,
P.S. - Hajipur Town, District - Vaishali, Wrongly Given in the FIR R/o Pokhra
Mohalla, P.S. - Hajipur Town, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-04-2026 Heard Mr. Manish Chandra Gandhi, learned counsel
for the petitioner and Mr. Vinod Shanker Modi, Additional
Public Prosecutor for the State.
2. After some arguments, learned counsel for the
petitioner seeks permission to withdraw this bail application
with a liberty to the petitioner to surrender before the learned
Court below within a period of four weeks from today and seek
regular bail.
3. Permission is accorded.
4. The application is dismissed as withdrawn with the
liberty that the petitioner surrender and seek regular bail before
the learned Court below, the same shall be considered on the
same day on its own merit in accordance with law and without
Patna High Court CR. MISC. No.26788 of 2026(2) dt.17-04-2026
2/2
being prejudiced by any observation in the present order.
(Rajesh Kumar Verma, J)
atul/-
U T
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