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Patna High Court

Baijnath Yadav @ Baijhnath PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for cancellation of bail is dismissed as withdrawn.

Summary

The petitioner, Baijnath Yadav, filed an application before the Patna High Court seeking cancellation of the regular bail that had been granted by the Additional Sessions Judge‑III, Hilsa, to the accused Lalji Prasad and Vikash Kumar in B.P. No. 237 of 2025. The ground for cancellation was alleged violation of the conditions of bail. The State, represented by an Additional Public Prosecutor, opposed the petition. During the hearing, the petitioner’s counsel requested that the application be withdrawn and that any remedy be sought before the court that originally granted the bail. The bench, after noting the request, dismissed the application as withdrawn.

Issues considered

  • Whether the regular bail granted to the accused can be cancelled on the ground of alleged violation of bail conditions

Subjects

  • bail
  • cancellation of bail
  • withdrawal of application
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83295 of 2025
                   Arising Out of PS. Case No.-79 Year-2025 Thana- KARAI PARSURAI District- Nalanda
                 ======================================================
                 Baijnath Yadav @ Baijhnath Prasad S/o Late Chandrika Bhagat R/o Village -
                 Pakari, P.S - Karaiparsorai, District - Nalanda

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Lalji Prasad @ Lala S/o Late Manjhi Bhagat R/o Village - Pakari, P.S -
                 Karaiparsorai, District - Nalanda
           3.    Vikash Kumar S/o Ramugrah Prasad R/o Village - Pakari, P.S -
                 Karaiparsorai, District - Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rekha Ranjan Prasad, Advocate
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   06-01-2026                    Heard learned counsel for the petitioner and learned

                   APP of the State.

                                2. The petitioner has filed the present application

                   seeking cancellation of regular bail granted to opposite party

                   nos. 2 and 3 by the learned Addl. Sessions Judge-III, Hilsa,

                   Nalanda vide order dated 06.06.2025 passed in B.P. No. 237 of

                   2025.

                                3. After some arguments, learned counsel for the

                   petitioner prays for withdrawal of the present application for

                   cancellation of bail in order to seek his remedy before Court

                   concerned which has granted regular bail to the opposite party
              Patna High Court CR. MISC. No.83295 of 2025(2) dt.06-01-2026
                                                          2/2




                        nos. 2 and 3 as his main ground for cancellation of bail is

                        violation of the condition of bail and the proper and efficacious

                        course in such circumstances would be to approach the court

                        Concerned which granted bail to the opposite party nos. 2 and 3.

                                       4. With the aforesaid liberty, the present application

                        stands dismissed as withdrawn.



                                                  (Soni Shrivastava, J)
Harsh/-

U         T


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