Patna High Court

Ashok KumarversusThe State Of Bihar

Decided: 29 January 2026
Disposal: WITHDRAWN
Bench: PRABHAT KUMAR SINGH

Holding

An anticipatory bail petition may be withdrawn by the petitioner, with liberty to surrender and apply for regular bail.

Summary

Ashok Kumar filed an anticipatory bail petition in the Patna High Court. The petitioner, represented by Mr. Arvind Kumar Sinha, later sought permission to withdraw the petition and to surrender before the lower court to apply for regular bail. The State, represented by Mrs. Pushpa Sinha, opposed the withdrawal. Justice Prabhat Kumar Singh granted the petitioner's request, allowing the withdrawal with liberty to surrender. Consequently, the anticipatory bail petition was dismissed as withdrawn.

Issues considered

Whether an anticipatory bail petition can be withdrawn by the petitioner
Whether the petitioner may be granted liberty to surrender and seek regular bail after withdrawal

Subjects

anticipatory bail
withdrawal of bail petition
regular bail
criminal procedure

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.1759 of 2026
                     Arising Out of PS. Case No.-726 Year-2024 Thana- SAHARSA SADAR District- Saharsa
                    ======================================================
                    Ashok Kumar S/O Sukhdeo Yadav R/O Vill- Belhi, P.O.- Parwa, P.S.-
                    Jaynagar, Dist.- Madhubani

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

                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :      Mr.Arvind Kumar Sinha
                    For the Opposite Party/s :      Mrs.Pushpa Sinha.1
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      29-01-2026                     Heard learned counsel for the petitioner and learned

                      A.P.P. for the State.

                                   2. However, after some argument, learned counsel for

                      the petitioner seeks permission to withdraw this anticipatory bail

                      petition granting liberty to the petitioner to surrender before the

                      Court below and make a prayer for regular bail.

                                   4. Permission granted.

                                   5. The anticipatory bail petition stands dismissed as

                      withdrawn with liberty, as indicated above.



                                             (Prabhat Kumar Singh, J)
anay

U        T

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