Patna High Court
Ram SadayversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The High Court allowed the petitioner to withdraw his anticipatory bail application.
Summary
Ram Saday filed an anticipatory bail application before the Patna High Court. During the hearing, he sought permission to withdraw the application and instead surrender to face regular bail proceedings. The Court, after hearing counsel, granted permission to withdraw the anticipatory bail. The petition was dismissed as withdrawn, with liberty to the petitioner to surrender and apply for regular bail. The Court directed that the District Court consider the regular bail application on its merits without prejudice for the earlier withdrawal.
Issues considered
- Whether an anticipatory bail application can be withdrawn by the petitioner
- What effect, if any, the withdrawal of anticipatory bail has on a subsequent regular bail application
Subjects
- anticipatory bail
- withdrawal
- regular bail
- criminal procedure
- surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17879 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Ram Saday S/o Makhan Saday R/o village - Ranti, ward no. 18 , P.s- Rajnagar
, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav
Mr. Ravi Prakash
Mr. Vinod Kumar
For the Opposite Party/s : Mr. Suresh Prasad Singh
======================================================
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 arguing
vehemently for sometimes realizing his difficulty, 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withdrawn with the liberty aforesaid.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
Patna High Court CR. MISC. No.17879 of 2026(2) dt.19-03-2026
2/2
anticipatory bail application.
(Satyavrat Verma, J)
vikash/-
U T
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