Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- AJIT KUMAR
Holding
The court held that a petitioner is entitled to withdraw his anticipatory bail application, and upon such withdrawal the application stands dismissed.
Summary
Golu Kumar filed an anticipatory bail application in connection with a case registered under multiple offences of the B.N.S., 2023 and the Public Property Damage Act. While the application was pending, the petitioner sought permission to withdraw it so that he could pursue a regular bail remedy. The court entertained the petitioner's request and granted permission to withdraw the anticipatory bail. Consequently, the anticipatory bail application was dismissed as withdrawn. The court directed that, upon the petitioner's surrender within four weeks, his regular bail application be heard on the same day without prejudice from the earlier order.
Issues considered
- Whether a petitioner may withdraw an anticipatory bail application pending before the court
- Effect of withdrawal of anticipatory bail on the consideration of a subsequent regular bail application
Legislation cited
- B.N.S., 2023 — s. 281, 317(4), 317(5), 318(4), 336(3), 336(4), 338, 340(2)
Subjects
- anticipatory bail
- withdrawal of bail application
- regular bail
- surrender
- criminal procedure
- B.N.S. 2023
- Public Property Damage Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15481 of 2026
Arising Out of PS. Case No.-104 Year-2025 Thana- SAHODARA District- West Champaran
======================================================
Golu Kumar Son of Bedanand Singh Residence of Village - Chaubey Tola,
P.S - Chanpatia, Dist. - West Champaran at Bettiah.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar, Adv.
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Sahodara P.S. Case No. 104 of 2025 dated
17.12.2025 registered for the offence punishable under Section/s
281, 317(4), 317(5), 318(4), 338, 336(3), 336(4), 340(2) of the
B.N.S., 2023 and Section ¾ of the Public Property Damage Act.
3. After some arguments, counsel for the petitioner
seeks permission to withdraw this anticipatory bail application
in order to avail appropriate remedy.
4. Permission is accorded.
5. Accordingly, the anticipatory bail application stands
dismissed as withdrawn.
6. It is expected that on surrender of the petitioner
Patna High Court CR. MISC. No.15481 of 2026(2) dt.12-03-2026
2/2
before the court concerned within a period of four weeks from
today, his regular bail application shall be considered on the
same day of his surrender without being prejudiced by this
order.
(Ajit Kumar, J)
rishi/-
U T
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