Patna High Court

Sanjay Yadav @ Sanjay PrasadversusThe State of Bihar

Decided: 31 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court allowed the withdrawal of the anticipatory bail application and dismissed it as withdrawn.

Summary

The petitioner, Sanjay Yadav, was arrested while his anticipatory bail application was pending before the Patna High Court. He subsequently approached the court seeking permission to withdraw the anticipatory bail application. The petitioner’s counsel argued that the application should be withdrawn as the petitioner was already in custody. The court considered whether a petitioner may withdraw an anticipatory bail application after arrest. It held that the petitioner was entitled to withdraw the application and granted the request. Consequently, the anticipatory bail application was dismissed as withdrawn.

Issues considered

Whether a petitioner can withdraw an anticipatory bail application after being arrested

Subjects

anticipatory bail
withdrawal
arrest
criminal procedure
High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.29821 of 2024
                    Arising Out of PS. Case No.-19 Year-2009 Thana- GOVERNMENT OFFICIAL COMP.
                                                       District- Gaya
                  ======================================================
                  Sanjay Yadav @ Sanjay Prasad S/o Late Rameshwar Yadav R/o vill - Tothi
                  (Totathi), P.S. - Wazirganj, Distt. - Gaya

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Vishwa Ranjan Choudhary
                  For the Opposite Party/s :      Ms.Sangeeta Sharma
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

3    31-01-2026               1.    Heard learned counsel for the petitioner and

                    learned APP for the State.

                              2.    Learned counsel for the petitioner seeks permission

                    to withdraw the anticipatory bail application, as petitioner was

                    arrested during pendency of the instant anticipatory bail

                    application.

                              3.    Permission is accorded.

                              4.    Accordingly, the anticipatory bail application is

                    dismissed as withdrawn.



                                               (Satyavrat Verma, J)
Sumit/-

U         T

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