Patna High Court

Isha Alam @ Eisa AlamversusThe State of Bihar

Decided: 7 April 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The Court permitted the petitioner to withdraw the anticipatory bail application, directing the trial court to consider any regular bail application on its merits without prejudice.

Summary

The petitioner, Isha Alam, filed an anticipatory bail application in a criminal case. The petitioner later sought the Court's permission to withdraw that anticipatory bail application and instead surrender to the trial court to seek regular bail. The learned counsel for the petitioner requested this withdrawal, and the Court considered whether such a withdrawal could be permitted. Justice Satyavrat Verma granted permission to withdraw the anticipatory bail, emphasizing that the trial court must then consider the regular bail application on its merits without prejudice. The order clarifies that the withdrawal does not disadvantage the petitioner in the regular bail proceedings.

Issues considered

Whether the petitioner may be allowed to withdraw an anticipatory bail application
Whether withdrawal of anticipatory bail will prejudice the petitioner’s regular bail application

Subjects

anticipatory bail
regular bail
withdrawal of bail application
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.19204 of 2026
                     Arising Out of PS. Case No.-39 Year-2025 Thana- JIYAPOKHAR District- Kishanganj
                  ======================================================
                  Isha Alam @ Eisa Alam S/o- Atibuddin @ Rahman R/v- Jiyapokhar Ps-
                  Jiyapokhar District-Kishanganj
                                                                       ... ... Petitioner
                                                 Versus
                  The State of Bihar
                                                                ... ... Opposite Party
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Ram Prawesh Kumar, Advocate
                  For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    07-04-2026                     Heard learned counsel for the petitioner and learned

                    A.P.P. for the State.

                                    2. Learned counsel for the petitioner after some

                    arguments 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. 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)
Gaurav Sinha/-

U      T

Continue reading with your account

Checking your session…