Patna High Court

Nitish KumarversusThe State of Bihar

Decided: 19 March 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court allowed the withdrawal of the anticipatory bail application and dismissed the petition as withdrawn.

Summary

The petitioner, Nitish Kumar, filed an anticipatory bail application in a criminal miscellaneous case arising from a police report in Madhepura. After hearing the parties, the petitioner’s counsel sought permission to withdraw the anticipatory bail application and to surrender, intending to apply for regular bail. The Hon’ble Justice Satyavrat Verma granted the request, allowing the withdrawal of the anticipatory bail petition. The petition was dismissed as withdrawn, with liberty granted to the petitioner to surrender and seek regular bail. The court clarified that the district court, when hearing the regular bail application, must consider the case on its merits without prejudice for the earlier withdrawal of anticipatory bail.

Issues considered

Whether an anticipatory bail application can be withdrawn by the petitioner after filing
Whether withdrawal of anticipatory bail affects the petitioner’s right to obtain regular bail upon surrender

Subjects

anticipatory bail
withdrawal
regular bail
criminal procedure
surrender

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.17318 of 2026
                   Arising Out of PS. Case No.-7 Year-2026 Thana- UDAKISHUNGANJ District- Madhepura
                  ======================================================
                  Nitish Kumar Son of Late Visheshwar Ray Resident of Village- Barahi Ward
                  No. 10, P.S.- Udakisunganj, District- Madhepura
                                                                           ... ... Petitioner/s
                                                      Versus
                  The State of Bihar                              ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Surya Narayan Yadav
                  For the Opposite Party/s :      Mr.Gauri Shankar Gupta
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    19-03-2026                  1. Heard learned counsel for the petitioner and learned

                    A.P.P. for the State.

                                 2. The learned counsel for the petitioner, after some

                    argument, seeks permission to withdraw the present anticipatory bail

                    application with liberty to the petitioner to surrender and seek regular

                    bail.

                                 3. Permission is accorded.

                                 4. Accordingly, instant petition is dismissed as withdrawn

                    with the liberty aforesaid.

                                 5. It is made clear that if petitioner surrenders and seeks

                    regular bail, in that event, the learned District 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)
vikash/-

U          T

Continue reading with your account

Checking your session…