Patna High Court
Dhananjay KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the withdrawal of the anticipatory bail application and directed that the regular bail be considered on its merits without prejudice.
Summary
The petitioner, Dhananjay Kumar, had earlier filed an anticipatory bail application in a criminal case. He later decided to surrender to the authorities and seek regular bail, requesting permission to withdraw his anticipatory bail application. The High Court considered whether such a withdrawal could be permitted and what effect it would have on the subsequent regular bail application. The Court granted permission to withdraw the anticipatory bail, emphasizing that the trial court must evaluate the regular bail request on its own merits without prejudice arising from the withdrawal. Consequently, the petitioner may now surrender and apply for regular bail, and the trial court will consider it independently.
Issues considered
- Whether a petitioner may withdraw an anticipatory bail application after filing it
- Whether withdrawal of anticipatory bail prejudices the consideration of a subsequent regular bail application
Subjects
- anticipatory bail
- regular bail
- withdrawal of bail application
- criminal procedure
- surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16724 of 2026
Arising Out of PS. Case No.-242 Year-2025 Thana- PARWALPUR District- Nalanda
======================================================
Dhananjay Kumar S/o Ranjit Kumar R/o Village - Vijaypura, P.S - Parwalpur,
District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok
For the Opposite Party/s : Ms. Anita Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Learned counsel for the petitioner seeks permission
to withdraw the anticipatory bail application of the petitioner as
petitioner intends to surrender and seek regular bail.
3. Permission is accorded.
4. It is made clear that if petitioner surrenders and
seek regular bail, the learned trial court shall consider the case
of the petitioner on its own merit without being prejudiced by
the fact that petitioner before this court withdrew his
anticipatory bail application.
(Satyavrat Verma, J)
amit/-
U T
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