Patna High Court
Uday YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PRABHAT KUMAR SINGH
Holding
The anticipatory bail petition is dismissed as withdrawn, with liberty granted to the petitioner to surrender for regular bail within eight weeks.
Summary
The petitioner, Uday Yadav, filed an anticipatory bail petition fearing arrest in a case involving multiple offences under the Bhartiya Nayay Sanhita, 2023. He later sought permission to withdraw the anticipatory bail application and to surrender before the trial court for regular bail. The learned counsel for the petitioner requested liberty to surrender within a stipulated period. The Hon'ble Justice Prabhat Kumar Singh granted the request, allowing the withdrawal of the anticipatory bail petition. Consequently, the anticipatory bail petition was dismissed as withdrawn, with liberty to surrender within eight weeks, and the trial court was directed to consider a regular bail application thereafter.
Issues considered
- Whether an anticipatory bail petition can be withdrawn by the petitioner
- Whether the petitioner may be granted liberty to surrender for regular bail after withdrawing anticipatory bail
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109(1), 115(2), 121(1), 121(2), 126(2), 132, 3(5), 351(2), 352
Subjects
- anticipatory bail
- withdrawal of bail petition
- regular bail
- criminal procedure
- bail liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.378 of 2026
Arising Out of PS. Case No.-128 Year-2024 Thana- Charkapathar District- Jamui
======================================================
Uday Yadav Son of Doman Yadav R/o Village - Tarbank, P.S. - Charkapathar,
Dist. - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satya Prakash Parasar
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case,
registered for offence under Sections 126(2), 115(2), 109(1),
132, 121(1), 121(2), 352, 351(2), 3(5) of Bhartiya Nayay
Sanhita, 2023.
3. However, after some argument, learned counsel for
the petitioner seeks permission to withdraw this anticipatory bail
petition granting liberty to the petitioner to surrender before the
Court below and make a prayer for regular bail.
4. Permission granted.
5. The anticipatory bail petition stands dismissed as
withdrawn with liberty, as indicated above. If petitioner
surrenders before the Court below within a period of eight
Patna High Court CR. MISC. No.378 of 2026(2) dt.21-01-2026
2/2
weeks from today, the learned Trial Court, without being
prejudiced with this order, may examine the same and pass
appropriate order in accordance with law.
(Prabhat Kumar Singh, J)
anay
U T
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