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Patna High Court

Subhash Kumar @ Subhash SinghversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court held that the petitioners may withdraw their anticipatory bail application, which is dismissed as withdrawn, and the district court shall consider any regular bail application on its merits without prejudice.

Summary

The petitioners, Subhash Kumar and Mithu Kumar, were implicated in a criminal case (PS Case No.550 of 2021) arising from a government official complaint in Nawada district. They filed an anticipatory bail application before the Patna High Court. During the hearing, the petitioners sought permission to withdraw the anticipatory bail application and instead surrender to the authorities to seek regular bail. The Court, after hearing counsel, granted permission to withdraw the anticipatory bail. Consequently, the anticipatory bail application was dismissed as withdrawn. The Court clarified that upon surrender and filing for regular bail, the district court shall adjudicate the matter on its merits without being prejudiced by the earlier withdrawal. No other substantive legal issues were addressed.

Issues considered

  • Whether a petitioner may withdraw an anticipatory bail application and surrender to seek regular bail
  • Whether the district court must consider the regular bail application without prejudice to the earlier withdrawal

Subjects

  • anticipatory bail
  • withdrawal
  • regular bail
  • surrender
  • prejudice
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11306 of 2026
                   Arising Out of PS. Case No.-550 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Nawada
                 ======================================================
           1.     Subhash Kumar @ Subhash Singh S/O Sri Karu Singh R/O Vill.- Karam,
                  P.s.- Nemdarganj, Dist.- Nawada.
           2.    Mithu Kumar @ Mithu Singh S/O Sri Karu Singh R/O Vill.- Karam, P.s.-
                 Nemdarganj, Dist.- Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Bipin Kumar
                 For the Opposite Party/s :    Ms.Asha Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   27-04-2026               1.    Heard learned counsel for the petitioners and

                   learned APP for the State.

                             2.    Learned counsel for the petitioners, after some

                   arguments, seeks permission to withdraw the anticipatory bail

                   application with liberty to the petitioners to surrender and seek

                   regular bail.

                             3.    Permission is accorded.

                             4.    Accordingly, the anticipatory bail application is

                   dismissed as withdrawn.

                             5.    It is made clear that if the petitioners surrender and

                   seek regular bail, in that event the learned district court shall

                   consider the case on its own merits without being prejudiced by
          Patna High Court CR. MISC. No.11306 of 2026(4) dt.27-04-2026
                                                      2/2




                    the fact that petitioners before this Court withdrew the

                    anticipatory bail application.



                                              (Satyavrat Verma, J)
Sumit/-

U


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