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Patna High Court

Bhola Yadav @ Bhola RaiversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The anticipatory bail petition was dismissed as withdrawn, with liberty granted to the petitioner to surrender and seek regular bail.

Summary

The petitioner, Bhola Yadav, had filed an anticipatory bail application in a criminal case. He later sought permission to withdraw that application and instead surrender to the trial court to seek regular bail. The Patna High Court, after hearing counsel, granted permission to withdraw the anticipatory bail petition and dismissed it as withdrawn. The court directed that, upon surrender, the district court should consider his regular bail application on its merits without prejudice for the earlier withdrawal. It also advised the trial court to try to dispose of the bail matter on the day of surrender.

Issues considered

  • What is the procedure for withdrawing an anticipatory bail application?
  • Does withdrawal of anticipatory bail prejudice the petitioner’s right to obtain regular bail upon surrender?

Subjects

  • anticipatory bail
  • withdrawal
  • regular bail
  • criminal procedure
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9325 of 2026
                  Arising Out of PS. Case No.-293 Year-2025 Thana- EXCISE MADHUBAN District- East
                                                       Champaran
                 ======================================================
                 Bhola Yadav @ Bhola Rai S/o Mahendra Rai Resident of village - Chakbara
                 Barita Chawk, P.S.- Pipra, Distt.- East Champaran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Abhishek Kumar
                 For the Opposite Party/s :     Mr.Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The learned counsel for the petitioner, after some

                   argument, seeks permission to withdraw the present anticipatory

                   bail application with liberty to the petitioner to surrender and

                   seek regular bail.

                                3. Permission is accorded.

                                4. Accordingly, instant petition is dismissed as

                   withdrawn with the liberty aforesaid.

                                5. It is made clear that if petitioner surrenders and

                   seeks regular bail, in that event, the learned District Court shall

                   consider the case on its own merit without being prejudiced by

                   the fact that petitioner before this Court withdrew his
               Patna High Court CR. MISC. No.9325 of 2026(3) dt.16-03-2026
                                                           2/2




                         anticipatory bail application and if possible, the learned Trial

                         Court shall try to dispose of the case on the same day i.e. date of

                         surrender.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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