Created by Fuzzy Cloud

Patna High Court

Kallu Yadav @ Rahul KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.