Patna High Court

Deepak Kumar Yadav @ Dipak YadavversusThe State of Bihar

Decided: 3 February 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The Court allowed the petitioner to withdraw the anticipatory bail application and dismissed it as withdrawn.

Summary

The petitioner, Deepak Kumar Yadav, filed an anticipatory bail application in a criminal miscellaneous case. During the hearing, the petitioner’s counsel requested permission to withdraw the anticipatory bail application. The Court granted the permission, resulting in the anticipatory bail application being dismissed as withdrawn. The Court clarified that if the petitioner later surrenders and seeks regular bail, the district court will consider the regular bail application on its merits without prejudice for the earlier withdrawal. No other substantive issues were addressed.

Issues considered

Whether an anticipatory bail application can be withdrawn by the petitioner
What effect, if any, the withdrawal of an anticipatory bail application has on a subsequent regular bail application

Subjects

anticipatory bail
withdrawal
regular bail
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5964 of 2026
                        Arising Out of PS. Case No.-272 Year-2025 Thana- MAHISHI District- Saharsa
                  ======================================================
                  Deepak Kumar Yadav @ Dipak Yadav S/O Ranjit Yadav Resident of village -
                  Lakhani, P.S- Manishi, Dist.- Saharsa
                                                                         ... ... Petitioner/s
                                                      Versus
                  The State of Bihar
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Rupesh Kumar
                  For the Opposite Party/s :        Mr.Anil Kumar Singh No. 1
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    03-02-2026               1.    Heard learned counsel for the petitioner and learned

                    A.P.P. for the State.

                              2.    Learned counsel for the petitioner, after some

                    arguments, seeks permission to withdraw the anticipatory bail

                    application.

                              3.    Permission is accorded.

                              4.    Accordingly, the anticipatory bail application is

                    dismissed as withdrawn.

                              5.    It is made clear that if the petitioner surrenders and

                    seeks regular bail, in that event the learned district court shall

                    consider the case on its own merits without being prejudiced by the

                    fact that petitioner before this Court withdrew the anticipatory bail

                    application.



                                               (Satyavrat Verma, J)
Sumit/-
U       T

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