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Patna High Court

Lalu Yadav @ Lalbabu YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court permitted the withdrawal of the anticipatory bail application and dismissed it as withdrawn.

Summary

The petitioner, Lalu Yadav, feared arrest in a case involving multiple offences under the BNS, 2023. He had previously filed an anticipatory bail application before the 1st Additional Sessions Judge, Benipur, which resulted in an order dated 15‑12‑2025. Counsel for the petitioner sought the Court’s permission to withdraw that anticipatory bail application and to file a fresh one before the District Court. Justice Satyavrat Verma allowed the withdrawal, directing that the pending anticipatory bail application be dismissed as withdrawn. Consequently, the petitioner may now approach the District Court with a new anticipatory bail petition.

Issues considered

  • Whether the petitioner may be permitted to withdraw an already filed anticipatory bail application and re‑file a fresh application before the District Court.

Legislation cited

  • BNS, 2023 — s. 109, 115(2), 121(1), 121(2), 125(b), 126(2), 132, 191(2), 351(2), 352, 74

Subjects

  • anticipatory bail
  • withdrawal of application
  • criminal procedure
  • high court order
  • bail jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4172 of 2026
                      Arising Out of PS. Case No.-382 Year-2024 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Lalu Yadav @ Lalbabu Yadav S/o Gungun Yadav R/o Village - Trimuhani
                 Ward no. 13, P.S - Bahera, District - Darbhanga
                                                                        ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Archna Aanand, Advocate
                 For the Opposite Party/s :       Mr. Md. Ataur Rahman, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-04-2026                  1. Heard Ms. Archna Aanand, learned counsel for the

                   petitioner and learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 351(2), 352, 132, 121(1), 121(2), 74, 109, 125(b) and

                   191(2) of the BNS, 2023.

                                3. Learned A.P.P. for the State, at the outset, draws the

                   attention of the Court to the order impugned dated 15.12.2025

                   on which learned counsel appearing on behalf of the petitioner

                   submits that she has gone through the order passed by the

                   learned 1st Additional Sessions Judge, Benipur, Darbhanga.

                                4. Learned counsel for the petitioner submits that one

                   opportunity be given to the petitioner for seeking anticipatory

                   bail. Learned counsel, thus, seeks permission to withdraw the

                   anticipatory bail application with liberty to the petitioner to file
           Patna High Court CR. MISC. No.4172 of 2026(2) dt.28-04-2026
                                                       2/2




                     a fresh application before the learned District Court for seeking

                     anticipatory bail.

                                  5. Permission is accorded.

                                  6. Accordingly, the anticipatory bail application is

                     dismissed as withdrawn.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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