Patna High Court
Anshu KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The Court held that an anticipatory bail application may be withdrawn and, upon such withdrawal, is dismissed as withdrawn.
Summary
Anshu Kumar and Banshu Kumar filed an anticipatory bail application before the Patna High Court. After hearing, they sought permission to withdraw that application and instead surrender to the trial court to seek regular bail. The Court allowed the withdrawal, dismissed the anticipatory bail application as withdrawn, and directed that the trial court consider their regular bail application on its merits without prejudice. No other substantive issues were addressed. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether an anticipatory bail application can be withdrawn by the applicants
- Effect of withdrawal on the consideration of a subsequent regular bail application
Subjects
- anticipatory bail
- withdrawal
- regular bail
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14995 of 2026
Arising Out of PS. Case No.-459 Year-2025 Thana- MURLIGANJ District- Madhepura
======================================================
1. Anshu Kumar S/o- Late Ramu Yadav R/v- Murliganj W.No-12, PS -
Murliganj Dist- Madhepura
2. Banshu Kumar @ Banta Raj S/o- Late Ramu Yadav R/v- Murliganj W.No-
12, PS - Murliganj Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pooja Prasad, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-03-2026 1. Heard learned counsel for the petitioners and learned
A.P.P. 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dismissed as withdrawn.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, the learned Trial Court shall consider the case on its
own merit without being prejudiced by the fact that petitioners before
this Court withdrew their anticipatory bail application.
(Satyavrat Verma, J)
Kundan/-
U T
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