Patna High Court
Bhola Yadav @ Bhola RaiversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
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The anticipatory bail petition was dismissed as withdrawn, with liberty granted to the petitioner to surrender and seek regular bail.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High Court, after hearing counsel, granted permission to withdraw the anticipatory bail petition and dismissed it as withdrawn.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withdrawn with the liberty aforesaid.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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