Patna High Court
Siya YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJESH KUMAR VERMA
Holding
The court permitted the withdrawal of the bail application and dismissed it as withdrawn, granting liberty to surrender and seek regular bail.
Summary
Petitioners Siya Yadav and Vikash Kumar filed a bail application in the Patna High Court. They later sought the court's permission to withdraw the bail application and to surrender before the lower court within two weeks, requesting regular bail thereafter. The court granted permission to withdraw the application, dismissed it as withdrawn, and allowed the petitioners to surrender and apply for regular bail without prejudice. The order emphasized that the regular bail application would be considered on its merits on the same day. No substantive legal issues beyond procedural withdrawal were addressed.
Issues considered
- What is the procedure for withdrawing a bail application and seeking liberty to surrender before a lower court?
Subjects
- bail
- withdrawal of bail application
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28226 of 2026
Arising Out of PS. Case No.-32 Year-2025 Thana- Gehlaur District- Gaya
======================================================
1. Siya Yadav Son of Late Baudhu Prasad R/o Vill. - Amba Bigha, P.O. -
Rajwara, P.S. - Gehlaur, Dist. - Gaya.
2. Vikash Kumar Son of Siya Yadav R/o Vill. - Amba Bigha, P.O. - Rajwara,
P.S. - Gehlaur, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-04-2026 Heard Mr. Sanjay Kumar Pandey, learned counsel
for the petitioners and Mr. Chandra Sen Prasad Singh,
Additional Public Prosecutor for the State.
2. After some arguments, learned counsel for the
petitioners seeks permission to withdraw this bail application
with a liberty to the petitioners to surrender before the learned
Court below within a period of two weeks from today and seek
regular bail.
3. Permission is accorded.
4. The application is dismissed as withdrawn with the
liberty that the petitioners surrender and seek regular bail before
the learned Court below, the same shall be considered on the
Patna High Court CR. MISC. No.28226 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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