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Patna High Court

Shubhani HassanversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court allowed the petitioner to withdraw the anticipatory bail application.

Summary

The petitioner, Shubhani Hassan, filed an anticipatory bail application before the Patna High Court. During the hearing, the petitioner’s counsel requested permission to withdraw the anticipatory bail application and to surrender, seeking regular bail instead. The Court granted the request, allowing the withdrawal and directing that the petition be dismissed as withdrawn. The Court further clarified that upon surrender, the District Court will consider the regular bail application on its merits without prejudice from the withdrawal. No other substantive issues were addressed.

Issues considered

  • Whether an anticipatory bail application can be withdrawn by the petitioner
  • Effect of withdrawal of anticipatory bail on subsequent regular bail proceedings

Subjects

  • anticipatory bail
  • withdrawal
  • regular bail
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19158 of 2026
                   Arising Out of PS. Case No.-1287 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Shubhani Hassan S/O Haji Md. Salauddin Haidar Village- Agarwa, P.S.-
                 Town Motihari, Dist.- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Munna Kumar Upadhyay
                 For the Opposite Party/s :      Mr. Ganesh Prasad Singh- A.P.P.
                 For the informant        :      Mr. Prince Kumar Mishra
                                                 Ms. Priyanka Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-04-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                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.19158 of 2026(2) dt.06-04-2026
                                                           2/2




                         anticipatory bail application.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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