Patna High Court
Jitendra Yadav @ JitoversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the petitioner to withdraw his anticipatory bail application and dismissed it as withdrawn.
Summary
The petitioner, Jitendra Yadav, filed an anticipatory bail application under the Criminal Procedure Code. During the hearing, his counsel found difficulty in arguing and requested permission to withdraw the anticipatory bail application and instead surrender to seek regular bail. The Court granted permission to withdraw the anticipatory bail application. Consequently, the anticipatory bail petition was dismissed as withdrawn. The Court clarified that if the petitioner surrenders and applies for regular bail, the trial court must consider the regular bail application on its merits without prejudice for the earlier withdrawal.
Issues considered
- Whether an anticipatory bail application can be withdrawn by the petitioner.
- Whether withdrawal of an anticipatory bail application prejudices a subsequent regular bail application.
Subjects
- anticipatory bail
- withdrawal
- regular bail
- Criminal Procedure Code
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88827 of 2025
Arising Out of PS. Case No.-459 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Jitendra Yadav @ Jito son of Rupa Yadav R/O Village - Giriyak Nichali
Bazar,P.S - Giriyak, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar
For the Opposite Party/s : Ms. Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Learned counsel for the petitioner after arguing
vehemently for some time, realizing his difficulty, seeks
permission to withdraw the anticipatory bail application with
liberty to surrender and seek regular bail.
3. Permission is accorded.
4. Accordingly, the anticipatory bail application of the
petitioner is dismissed as withdrawn.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
petitioner before this court withdrew his anticipatory bail
application.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…