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Patna High Court

Srikant Chaudhary @ Srikant KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

An anticipatory bail application may be withdrawn at the petitioner's request and is dismissed as withdrawn.

Summary

Srikant Chaudhary filed an anticipatory bail application before the Patna High Court. During the hearing, his counsel requested permission to withdraw the anticipatory bail and to surrender so that regular bail could be sought. The court granted the request, dismissing the anticipatory bail application as withdrawn. It clarified that the trial court, when hearing the regular bail application, must consider the case on its merits without prejudice for the earlier withdrawal. Thus, the petitioner may now approach the trial court for regular bail.

Issues considered

  • What is the effect of a petitioner's request to withdraw an anticipatory bail application?
  • Can the trial court consider a regular bail application without prejudice after the anticipatory bail is withdrawn?

Subjects

  • anticipatory bail
  • withdrawal
  • regular bail
  • criminal procedure
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17497 of 2026
                     Arising Out of PS. Case No.-138 Year-2024 Thana- ROSHANGANJ District- Gaya
                 ======================================================
                 Srikant Chaudhary @ Srikant Kumar Son of Arjun Chaudhary R/o Village -
                 Parsawa Khurd, P.S. - Roushanganj, District - Gaya.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Kumar Singh
                 For the Opposite Party/s :      Mr. Mohammad Sufyan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Learned counsel for the petitioner after arguing

                   vehemently for some time, realizing his difficulty, seeks

                   permission to withdraw the anticipatory bail application of the

                   petitioner with liberty to the petitioner to surrender and seek

                   regular bail.

                                3. Permission is accorded.

                                4. The anticipatory bail application of the petitioner is

                   dismissed as withdrawn.

                                5. 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
             Patna High Court CR. MISC. No.17497 of 2026(2) dt.28-04-2026
                                                         2/2




                       anticipatory bail application.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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