Patna High Court

Md. Akbar Alam @ Md. AkbarversusThe State of Bihar

Decided: 24 February 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The Court allowed the withdrawal of the anticipatory bail application and dismissed it as withdrawn.

Summary

The petitioner, Md. Akbar Alam, filed an anticipatory bail application in a criminal miscellaneous case arising from an excise matter. He later sought permission to withdraw that application and instead surrender to the trial court to seek regular bail. The learned counsel for the petitioner requested and was granted permission to withdraw the anticipatory bail application. The High Court dismissed the anticipatory bail application as withdrawn. The court clarified that the trial court, when hearing the regular bail application, must consider the merits independently and must not prejudice the petitioner for having withdrawn the anticipatory bail. Consequently, the petitioner may now surrender and apply for regular bail without any adverse inference.

Issues considered

Whether an anticipatory bail application can be withdrawn at the petitioner's request
Whether withdrawal of anticipatory bail prejudices the petitioner in subsequent regular bail proceedings

Subjects

anticipatory bail
withdrawal of bail application
regular bail
criminal procedure code
prejudice
bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10887 of 2026
                     Arising Out of PS. Case No.-211 Year-2025 Thana- Excise P.S. District- Madhepura
                 ======================================================
                 Md. Akbar Alam @ Md. Akbar S/o Md. Sadre Alam Resident of Village-
                 Jhitkiya, Police Station- Singheswar, Distt.- Madhepura
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bambahadur Jha
                 For the Opposite Party/s :        Ms. Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-02-2026                  1. Heard learned counsel for the petitioner and learned
                   A.P.P. for the State.
                                2. Learned counsel for the petitioner after some
                   arguments seeks permission to withdraw the anticipatory bail
                   application with liberty to the petitioner to surrender and seek
                   regular bail.
                                3. Permission is accorded.
                                4. The anticipatory bail application of the petitioner is
                   dismissed as withdrawn.
                                5. It is made clear that if the 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

Continue reading with your account

Checking your session…