Patna High Court
Kallu Yadav @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court allowed the withdrawal of the bail application and directed the District Court to consider regular bail upon surrender.
Summary
Petitioners Kallu Yadav and Jitendra Yadav, who were in custody, filed a bail application before the Patna High Court. They later sought to withdraw that application and instead surrender before the learned District Court to obtain regular bail. The learned counsel for the petitioners submitted this request, and the State's counsel did not oppose. The Court considered the submission and permitted the withdrawal, directing that the petitioners surrender and that the District Court hear their regular bail application on the same day based on the material gathered during investigation. Consequently, the High Court disposed of the petition.
Issues considered
- Whether the petitioners may withdraw their bail application and surrender before the District Court for regular bail
- Whether the High Court can direct the District Court to consider the regular bail application on the same day
Subjects
- bail
- withdrawal of bail application
- regular bail
- surrender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85133 of 2025
In
CRIMINAL APPEAL (SJ) No.2970 of 2024
Arising Out of PS. Case No.-68 Year-2024 Thana- MASAUDHI District- Patna
======================================================
1. Kallu Yadav @ Rahul Kumar Son of chhathu Yadav Resident Of Village -
Bhalipur Painchati Dalan, Ps- Town Thana Ara, Dist- Bhojpur
2. Jitendra Yadav @ Malda @ Raja Raj son of Sukhadeo Yadav Resident Of
Village Manichak, P.S. Masaurhi, District, Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Deventi Wife of Dhanjay Paswan Resident Of Village - Manichak, Ps-
Masaurhi, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satish Chandra, Advocate
For the Opposite Party/s : Mr.Binay Krishna, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
8 20-04-2026 Heard Mr. Satish Chandra, learned counsel appearing
on behalf of the petitioners and Mr. Binay Krishna, learned APP
for the State.
2. Learned counsel appearing on behalf of the
petitioners seeks to withdraw the present bail application with a
liberty to the petitioners to surrender before the learned District
Court and seek regular bail.
3. Considering the aforesaid submission made on
behalf of the petitioners, the petitioners, if so advised, may
surrender before the learned District Court and seek regular bail.
Patna High Court CR. MISC. No.85133 of 2025(8) dt.20-04-2026
2/2
In that case, the learned District Court is directed to consider the
bail application of the petitioners on the same day on the basis
of material which has come in course of investigation.
4. The present petition stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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