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Patna High Court

Ram SadayversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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 The petition was dismissed as withdrawn, with liberty to the petitioner to surrender and apply for regular bail.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  • Whether an anticipatory bail application can be withdrawn by the petitioner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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