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Patna High Court

Raman YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court allowed the withdrawal of the anticipatory bail application and dismissed it as withdrawn.

Summary

Raman Yadav filed an anticipatory bail application in the Patna High Court fearing arrest in a criminal case. The petitioner, through counsel Binod Kumar Sinha, later sought permission to withdraw the anticipatory bail and instead surrender to the authorities to apply for regular bail. Justice Satyavrat Verma granted the request, ordering that the anticipatory bail application be dismissed as withdrawn. The court clarified that the petitioner’s surrender and regular bail application would be dealt with by the district court on its merits, without prejudice from the withdrawal. Consequently, the petitioner is free to surrender and seek regular bail, while the anticipatory bail proceedings are terminated.

Issues considered

  • Whether an anticipatory bail application can be withdrawn by the petitioner.
  • Whether withdrawal of anticipatory bail prejudices the petitioner’s right to obtain regular bail upon surrender.

Subjects

  • anticipatory bail
  • withdrawal
  • regular bail
  • criminal procedure
  • bail

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.90656 of 2025
                       Arising Out of PS. Case No.-187 Year-2025 Thana- NAUHATTA District- Saharsa
                  ======================================================
                  Raman Yadav Son of Jivachh Yadav Resident of Village- Chandrayan Ekadh,
                  Ward No. 04, P.S.- Navhatta, District- Saharsa
                                                                           ... ... Petitioner/s
                                                      Versus
                  The State of Bihar                              ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Binod Kumar Sinha
                  For the Opposite Party/s :       Mr.Awadhesh Kumar Singh
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    08-01-2026               1.     Heard learned counsel for the petitioner and learned A.P.P.

                    for the State.

                              2.     Learned    counsel    for   the    petitioner,   after   arguing

                    vehemently, 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 with the liberty aforesaid.

                              5.     It is made clear that if the petitioner surrenders and seeks

                    regular bail, in that event the learned district court shall consider the case

                    on its own merits without being prejudiced by the fact that petitioner

                    before this Court withdrew the anticipatory bail application.




                                               (Satyavrat Verma, J)
Sumit/-

U         T


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