Patna High Court
Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the petitioner to withdraw the anticipatory bail application, dismissing it as withdrawn.
Summary
Gautam Kumar filed an anticipatory bail application in the Patna High Court. He later sought permission to withdraw that application and to surrender to the authorities, intending to apply for 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 Consequently, the anticipatory bail application was dismissed as withdrawn.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 directed that, upon surrender, the district court should consider his regular bail application on its merits without prejudice arising from the withdrawal.
Issues considered
- Whether an anticipatory bail application can be withdrawn at the request of the petitioner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
- surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16451 of 2026
Arising Out of PS. Case No.-157 Year-2025 Thana- BARACHATTI District- Gaya
======================================================
Gautam Kumar Son of Raj Kumar Das Resident of Village- Mahkampur, P.S.-
Barachatti, District- Gaya, at present resident of Nizamuddin Ansari,
S.V.B.Patel Road, Madrsa Jalalia, Kolkata, Dangadihila, Titagarh, North 24
Parganas, West Bengal 700119
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Javed Jafar Khan
For the Opposite Party/s : Mr.Brajendra Nath Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-04-2026 1. Heard learned counsel for the petitioner and
learned APP 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. Accordingly, the anticipatory bail application is
dismissed as withdrawn.
5. It is made clear that if the petitioner surrenders and
seeks regular bail, in that event the learned district court shall
consider the case on its own merits without being prejudiced by
the fact that petitioner before this Court withdrew the
Patna High Court CR. MISC. No.16451 of 2026(2) dt.07-04-2026
2/2
anticipatory bail application.
(Satyavrat Verma, J)
Sumit/-
U T
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