Patna High Court
Srikant Chaudhary @ Srikant KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
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An anticipatory bail application may be withdrawn at the petitioner's request and is dismissed as withdrawn.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 The court granted the request, dismissing the anticipatory bail application as withdrawn.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- Can the trial court consider a regular bail application without prejudice after the anticipatory bail is withdrawn?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dismissed as withdrawn.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/-
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