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Patna High Court

Pramod YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court permitted the withdrawal of the bail application and granted liberty to surrender and seek regular bail before the lower court.

Summary

The petitioner, Pramod Yadav, filed a bail application in the Patna High Court arising from a 2021 criminal case. After hearing, the petitioner’s counsel sought permission to withdraw the bail application and requested liberty to surrender before the lower court within four weeks and subsequently apply for regular bail. The Court, after considering the arguments, granted permission to withdraw the application. It dismissed the bail application as withdrawn, but expressly allowed the petitioner to surrender and file a fresh regular bail application before the trial court. The order emphasized that the fresh application would be considered on its own merits without prejudice from the present order. No substantive discussion on the merits of bail was made as the matter pertained solely to procedural withdrawal.

Issues considered

  • Whether a bail application may be withdrawn by the petitioner with the Court’s permission
  • Whether the petitioner may be granted liberty to surrender and seek regular bail thereafter

Subjects

  • bail
  • withdrawal of bail application
  • regular bail
  • surrender
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27725 of 2026
                       Arising Out of PS. Case No.-695 Year-2021 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Pramod Yadav S/o Late Sahdeo Yadav R/o Vill. - Sherpur Barua, P.S. -
                 Sherghati, Dist. - Gaya.



                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md. Javed Jafar Khan, Advocate
                 For the Opposite Party/s :       Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   23-04-2026                      Heard Md. Javed Jafar Khan, learned counsel for

                   the petitioner and Mr. Nirmal Kumar Sinha, 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 petitioners 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
            Patna High Court CR. MISC. No.27725 of 2026(2) dt.23-04-2026
                                                        2/2




                      same day on its own merit in accordance with law and without

                      being prejudiced by any observation in the present order.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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