Patna High Court
Kallu GopeversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
An anticipatory bail application may be withdrawn, and the petitioner may surrender and seek regular bail without prejudice.
Summary
Petitioner Kallu Gope filed an anticipatory bail application under criminal procedure. He later sought to withdraw that application and surrender to the trial court to obtain regular bail. The High Court allowed the withdrawal, directing that the trial court consider his regular bail application on its merits without prejudice arising from the withdrawn anticipatory bail. Consequently, the anticipatory bail petition was dismissed as withdrawn, and the petitioner was given liberty to surrender and seek regular bail. The order ensures that the withdrawal does not adversely affect his right to regular bail.
Issues considered
- Whether an anticipatory bail application can be withdrawn by the petitioner
- Whether withdrawal of anticipatory bail prejudices the petitioner’s right to obtain regular bail upon surrender
Subjects
- anticipatory bail
- withdrawal
- regular bail
- surrender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20156 of 2026
Arising Out of PS. Case No.-1381 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Kallu Gope Son of Late Naumi Gope Resident of Village- Ranipur Kali
Sthan, P.S.- Mehandiganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The learned counsel for the petitioner, after some
arguments, seeks permission to withdraw the 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 the petitioner surrenders
and seeks regular bail, the learned Trial Court shall consider the
case of the petitioner on its own merit without being prejudiced
Patna High Court CR. MISC. No.20156 of 2026(2) dt.31-03-2026
2/2
by the fact that petitioner, before this Court, withdrew his
anticipatory bail application.
5. Accordingly, the present anticipatory bail
application is dismissed as withdrawn with the liberty
aforesaid.
(Satyavrat Verma, J)
Rishabh/-
U T
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