Patna High Court
Shriram YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANSHUMAN
Holding
The Court allowed the petitioners to withdraw their anticipatory bail application and dismissed the bail petition as withdrawn.
Summary
The petitioners, Shriram Yadav and Lakshman Yadav, filed an anticipatory bail application in connection with PS Raghunathpur Case No. 62 of 2001 pending before the Chief Judicial Magistrate, Siwan. Both petitioners are elderly and have no prior criminal record, and the case has been pending for a long time. During the hearing, the petitioners sought permission to withdraw their bail application. The Court, after hearing counsel, granted the request and dismissed the bail application as withdrawn. The Court directed the petitioners to surrender before the trial court within four weeks, after which the trial court must decide their surrender‑cum‑bail application on its merits without prejudice to the withdrawal.
Issues considered
- What is the procedure for withdrawing an anticipatory bail application?
- Whether the trial court should entertain a surrender‑cum‑bail application after the anticipatory bail has been withdrawn.
Subjects
- anticipatory bail
- withdrawal of bail application
- surrender
- criminal procedure
- elderly accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5062 of 2026
Arising Out of PS. Case No.-62 Year-2001 Thana- RAGHUNATHPUR District- Siwan
======================================================
1. Shriram Yadav S/o- Dudhnath Yadav Resident Of Village- Kausar, Po-
Gabhirar, Ps -Raghunathpur, DIst- Siwan
2. Lakshman Yadav S/o- Dudhnath Yadav Resident Of Village- Kausar, Po-
Gabhirar, Ps -Raghunathpur, DIst- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Majid Mahboob Khan, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. After some argument, learned counsel for the
petitioners seek permission to withdraw this bail application.
3. Permission, as prayed for, is granted.
4. As such, the present bail application stands
dismissed as withdrawn with regard to the present petitioners in
connection with Raghunathpur P.S. Case No. 62 of 2001,
pending in the Court of Chief Judicial Magistrate, Siwan.
5. It transpires to this Court that the petitioners are old
aged persons, having no criminal antecedent and the case is
pending since long against them, therefore, this Court hereby
Patna High Court CR. MISC. No.5062 of 2026(2) dt.04-02-2026
2/2
directs the petitioners to surrender before the concerned trial
court within four weeks. And if the petitioners surrender before
the concerned trial court within a period of 4 weeks, then in that
case, the Trial Court is directed to pass order on their surrender-
cum-bail application on the same day considering every aspect
of the matter, without being prejudice that the anticipatory bail
application of the petitioners has been withdrawn and the Trial
Court shall pass order on the merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
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