Created by Fuzzy Cloud

Patna High Court

Munna Yadav @ Devendra KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The anticipatory bail application was dismissed as withdrawn.

Summary

Munna Yadav sought anticipatory bail in a case involving alleged violations of the Bihar Narcotic Substances Act, 2023. The petitioner argued that his co‑accused, Manish Kumar, had already been granted anticipatory bail with a condition that non‑cooperation could lead to cancellation, and that the charge‑sheet against the petitioner had also been filed. The petitioner requested permission to withdraw his anticipatory bail application and instead surrender to obtain regular bail. The Court examined the procedural propriety of withdrawing an anticipatory bail application and the implications of the earlier bail order for the co‑accused. The Court allowed the withdrawal and dismissed the anticipatory bail application as withdrawn, leaving the petitioner free to surrender and apply for regular bail.

Issues considered

  • Whether an anticipatory bail application can be withdrawn by the petitioner after it has been filed.
  • Whether the existence of a prior anticipatory bail order for a co‑accused affects the petitioner's bail application.

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal of bail application
  • Narcotic offences
  • Bihar Narcotic Substances Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4218 of 2026
                         Arising Out of PS. Case No.-104 Year-2025 Thana- KONCH District- Gaya
                 ======================================================
                 Munna Yadav @ Devendra Kumar S/O Vijay Yadav R/O Village-
                 Dhanchhuhi, Post Office- Badgaon, P.S- Konch, District- Gaya, Bihar-
                 824235.
                                                                     ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar
           2.     Ms. A D/O Y R/O Village- Dhanchhuhi, P.S- Konch, Dist.- Gaya.
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pratik Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ashok Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-04-2026                  1. 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 the offences punishable under Sections 75, 76,

                   126(2), 127(2) and 329(4) of the BNS, 2023.

                                3. Learned counsel appearing on behalf of the

                   petitioner submits that co-accused, namely, Manish Kumar was

                   granted the privilege of anticipatory bail vide order dated

                   19.11.2025 passed in Cr. Misc. No. 74491 of 2025 by this Court

                   on which learned A.P.P. for the State submits that Manish

                   Kumar was granted the privilege of anticipatory bail with a

                   condition that if he does not cooperate in the investigation, in

                   that event, the Investigating Officer of the case would be at
           Patna High Court CR. MISC. No.4218 of 2026(2) dt.28-04-2026
                                                       2/2




                     liberty to file an application before the learned Trial Court

                     bringing to its notice that Manish Kumar, despite giving

                     assurance to this Court, is not cooperating in the investigation

                     and the learned Trial Court shall be at liberty to cancel the bail

                     bonds of the petitioner but then it is submitted that Manish

                     Kumar was granted the privilege of anticipatory bail by an order

                     dated 19.11.2025 by then charge-sheet had already been

                     submitted on 08.05.2025 and it appears that the said fact was

                     not brought to the notice of the Court when Cr. Misc. No. 74491

                     of 2025 was taken. It is further submitted that charge-sheet

                     against the petitioner also stands submitted.

                                  4. At this stage, learned counsel appearing on behalf

                     of the petitioner seeks permission to withdraw the anticipatory

                     bail application with liberty to the petitioner to surrender and

                     seek regular bail.

                                  5. Permission is accorded.

                                  6. Accordingly, the anticipatory bail application is

                     dismissed as withdrawn.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.