Patna High Court

Abhinandan yadavversusThe State of Bihar

Decided: 6 January 2026
Disposal: WITHDRAWN
Bench: PRABHAT KUMAR SINGH

Holding

The anticipatory bail petition is dismissed as withdrawn, with liberty granted to the petitioner to surrender and seek regular bail.

Summary

The petitioner, Abhinandan Yadav, feared arrest in a case registered under Sections 126(2), 132 and 324(4) of the Bihar Narcotic Substances Act, 2023, and filed an anticipatory bail petition. During the hearing, his counsel requested permission to withdraw the anticipatory bail application and to surrender before the trial court for regular bail. The Court considered whether an anticipatory bail petition could be voluntarily withdrawn by the petitioner. It held that the petitioner may be allowed to withdraw the petition, provided the Court grants such permission. Consequently, the Court granted the request, dismissed the anticipatory bail petition as withdrawn, and gave the petitioner liberty to surrender and seek regular bail.

Issues considered

Whether an anticipatory bail petition can be withdrawn at the petitioner's request
Whether the Court may grant liberty to the petitioner to surrender and apply for regular bail

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 126(2), 132, 324(4)

Subjects

anticipatory bail
withdrawal of bail petition
regular bail
criminal procedure
Bihar Narcotic Substances Act

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.83890 of 2025
                            Arising Out of PS. Case No.-91 Year-2025 Thana- BIHRA District- Saharsa
                    ======================================================
                    Abhinandan yadav Son of Lakhan yadav R/o Village - Dumma, P.S. - Bihra,
                    Dist. - Saharsa.
                                                                             ... ... Petitioner/s
                                                   Versus
                    The State of Bihar
                                                                      ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :        Mr.Pramod Mishra
                    For the Opposite Party/s :        Mr.Md. Aslam Ansari
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

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

                                   2. The petitioner apprehends his arrest in a case

                      registered for offence under Sections 126(2), 132, 324(4) of the

                      B.N.S., 2023.

                                   3. However, after some argument, learned counsel for

                      the petitioner seeks permission to withdraw this anticipatory bail

                      petition granting liberty to the petitioner to surrender before the

                      Court below and make a prayer for regular bail.

                                   4. Permission granted. This anticipatory bail petition

                      stands dismissed as withdrawn with liberty, as indicated above.



                                                         (Prabhat Kumar Singh, J)
anay

U        T

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