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Patna High Court

Chulbul Pandey @ Manish KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The anticipatory bail application is dismissed as withdrawn, and the trial court may consider any regular bail application without prejudice.

Summary

The petitioner, Chulbul Pandey, filed an anticipatory bail application alleging that the charges of firing were general and no one was injured. During the hearing, the petitioner’s counsel sought permission to withdraw the anticipatory bail application and instead surrender to obtain regular bail. The Court granted permission to withdraw the anticipatory bail application. Consequently, the anticipatory bail petition was dismissed as withdrawn. The Court clarified that if the petitioner surrenders and applies for regular bail, the trial court must consider the bail application on its merits without prejudice for the earlier withdrawal. The order was delivered by Justice Satyavrat Verma.

Issues considered

  • Whether an anticipatory bail application can be withdrawn by the petitioner
  • Effect of withdrawal of anticipatory bail on the consideration of a subsequent regular bail application

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 13276 of 2026
                     Arising Out of PS. Case No.-457 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Chulbul Pandey @ Manish Kumar Son of Ramji Das @ Ramji Jha @ Ramjit
                 Das Resident of village - Bhadeja, P.S.- Mufassil, District - Gaya
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Priya Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-04-2026                  1. Heard learned counsel for the petitioner and learned
                   A.P.P. for the State.
                                2. Learned counsel for the petitioner, after some
                   argument, seeks permission to withdraw the anticipatory bail
                   application with liberty to the petitioner to surrender and seek regular
                   bail as it is submitted that allegation of firing is general and omnibus
                   in nature and no one was injured.
                                3. Permission is accorded.
                                4. Accordingly, the anticipatory bail application is
                   dismissed as withdrawn.
                                5. However, 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)

Kundan/-

U     T


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