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Patna High Court

Hiralal Kumar YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The Court held that an anticipatory bail application may be withdrawn by the petitioner and is dismissed as withdrawn.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 The High Court allowed the withdrawal, dismissing the anticipatory bail application as withdrawn.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  • Whether an anticipatory bail application can be withdrawn at the petitioner's request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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