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Patna High Court

Kouslendra YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The anticipatory bail application is dismissed as withdrawn, and the petitioner may surrender and seek regular bail without prejudice.

Summary

Petitioner Kouslendra Yadav, facing criminal proceedings under PS Tharthari Case No.56 of 2025, filed an application for anticipatory bail under Section 438 of the CrPC. He later sought permission to withdraw the anticipatory bail application and instead surrender to the trial court to seek regular bail. The Patna High Court, after hearing counsel for both parties, granted permission to withdraw the anticipatory bail application. Consequently, the anticipatory bail petition was dismissed as withdrawn. The Court directed that, upon surrender, the trial court should consider the regular bail application on its merits without any prejudice arising from the withdrawal of the anticipatory bail request.

Issues considered

  • Can a petitioner withdraw an application for anticipatory bail under Section 438 of the CrPC?
  • Does the withdrawal of an anticipatory bail application prejudice the petitioner’s right to obtain regular bail upon surrender?

Subjects

  • anticipatory bail
  • withdrawal
  • regular bail
  • CrPC
  • surrender

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90077 of 2025
                      Arising Out of PS. Case No.-56 Year-2025 Thana- THARTHARI District- Nalanda
                 ======================================================
                 Kouslendra Yadav S/o Jagdish Gope R/o Village - Kaushaliya Bigha, P.S -
                 Tharthari, District - Nalanda
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gautam, Advocate
                 For the Opposite Party/s :       Mr. Bharat Bhushan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-02-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the informant.

                                2. Learned counsel for the petitioner, after arguing for

                   sometimes, seeks permission to withdraw this application for

                   grant of anticipatory bail with liberty to the petitioner to

                   surrender and seek regular bail.

                                3. Permission is accorded.

                                4. Accordingly,        this    application       for    grant       of

                   anticipatory bail on behalf of the petitioner is dismissed as

                   withdrawn in connection with Tharthari P.S. Case No. 56 of

                   2025 pending in the Court of learned Additional Chief Judicial

                   Magistrate, (Hilsa) Nalanda/Successor Court.

                                5. It is made clear that if petitioner surrenders and

                   seeks regular bail, the learned trial court shall consider the case
           Patna High Court CR. MISC. No.90077 of 2025(3) dt.19-02-2026
                                                       2/2




                     on its own merit without being prejudiced by the fact that

                     petitioner before this Court withdrew his anticipatory bail

                     application.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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