Patna High Court

Rishikant KumarversusThe State of Bihar

Decided: 10 April 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The Court allowed the withdrawal of the anticipatory bail and directed that the trial court consider the regular bail application on its merits.

Summary

The petitioner, Rishikant Kumar, filed an anticipatory bail application in the High Court of Patna. After hearing, the petitioner’s counsel requested permission to withdraw that anticipatory bail and instead surrender to seek regular bail. The Court granted permission to withdraw the anticipatory bail. It clarified that the petitioner’s surrender and request for regular bail will be considered by the trial court on its merits, without prejudice from the withdrawn anticipatory bail. The order ensures that the trial court can independently evaluate the regular bail application.

Issues considered

Whether the petitioner may withdraw his anticipatory bail application and seek regular bail after surrendering?

Subjects

anticipatory bail
regular bail
withdrawal
criminal procedure
bail

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2315 of 2026
                      Arising Out of PS. Case No.-30 Year-2022 Thana- ASHTHAWAN District- Nalanda
                  ======================================================
                  Rishikant Kumar S/O Umesh Mahto R/O Village- Rahmanpur, P.s.-
                  Asthawan, District- Nalanda
                                                                   ... ... Petitioner/s
                                              Versus
                  The State of Bihar Patna
                                                            ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Rajiv Nayan
                  For the Opposite Party/s :      Mr.Raj Ballabh Singh
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    10-04-2026                     Heard learned counsel for the petitioner and learned

                    A.P.P. for the State.

                                 2. Learned counsel for the petitioner after some argument

                    seeks permission to withdraw the antiicitpayr bail application with

                    liberty to the petitioner to surrendr and seek regular bail.

                                 3. Permission is accorded.

                                 4. It is made clear that petitioner surrenders and seeks

                    regular bail, in that event, the learned trial Court shall consider the

                    case on its own merit without being prejudiced by the fact that

                    petitioner before this Court withdraw his anticipatory bail

                    application.


                                                              (Satyavrat Verma, J)

sanjeev/-

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