Patna High Court
Hiralal Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The Court held that an anticipatory bail application may be withdrawn by the petitioner and is dismissed as withdrawn.
Summary
Hiralal Kumar Yadav filed an anticipatory bail application in a criminal case. He later sought to withdraw that application and surrender to obtain regular bail. The High Court allowed the withdrawal, dismissing the anticipatory bail application as withdrawn. The Court directed that, upon surrender, the trial court should consider his regular bail application on its merits without prejudice. No other substantive issues were addressed.
Issues considered
- Whether an anticipatory bail application can be withdrawn at the petitioner's request
- Effect of withdrawal on the consideration of a subsequent regular bail application
Subjects
- anticipatory bail
- withdrawal
- regular bail
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86341 of 2025
Arising Out of PS. Case No.-105 Year-2025 Thana- RISIYAP District- Aurangabad
======================================================
Hiralal Kumar Yadav S/O Mahesh Yadav R/O Village- Pindarkom, P.S.-
Balumoth, Distt.- Latehar, Jharkhand
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Mining Inspector P.S.- Risiup, Dist.- Aurangabad, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the State : Mr. Jagdhar Prasad, A.P.P.
For the Mines : Mr. Naresh Dikshit, Spl.P.P.
Mr. Shruti Singh, Advocate
Mr. Utkarsh Pathak, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of
the Department of Mines.
2. Learned counsel for the petitioner, after some
argument, seeks permission to withdraw the anticipatory bail
application with liberty to the petitioner to surrender and seek
regular bail.
3. Permission is accorded.
4. Accordingly, the anticipatory bail application is
dismissed as withdrawn.
5. It is made clear that if petitioner surrenders and
seeks regular bail, the learned trial court shall consider the case
on its own merit without being prejudiced by the fact that
Patna High Court CR. MISC. No.86341 of 2025(2) dt.04-02-2026
2/2
petitioner before this Court withdrew his anticipatory bail
application.
(Satyavrat Verma, J)
Kundan/-
U T
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