Patna High Court
NOOR ALAMversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The court held that an anticipatory bail application may be withdrawn at the applicant’s request and its withdrawal does not prejudice any subsequent regular bail application.
Summary
The petitioner, Noor Alam, filed an anticipatory bail application in a criminal miscellaneous case arising from a police case in Araria. During the hearing, counsel for the petitioner sought permission to withdraw the anticipatory bail application. The Hon’ble Justice Satyavrat Verma granted the request, allowing the withdrawal. Consequently, the anticipatory bail application was dismissed as withdrawn. The court clarified that if the petitioner later surrenders and applies for regular bail, the trial court must consider the bail application on its merits without any prejudice arising from the earlier withdrawal.
Issues considered
- Whether an anticipatory bail application can be withdrawn at the applicant’s request
- Whether withdrawal of an anticipatory bail application prejudices a subsequent regular bail application
Subjects
- anticipatory bail
- withdrawal
- regular bail
- bail jurisprudence
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17728 of 2026
Arising Out of PS. Case No.-385 Year-2025 Thana- PALASI District- Araria
======================================================
NOOR ALAM S/o- Kinnu Resident of Village- Thiraniganj Phulwari Police
Station- Terhagachh Terhagachhi District-Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
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. Learned counsel for the petitioner after some
argument seeks permission to withdraw the anticipatory bail
application.
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dismissed as withdrawn.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
seeks regular bail, the learned trial 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)
amit/-
U T
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