Patna High Court

Divya PrakashversusThe State of Bihar

Decided: 15 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court held that the petitioner may withdraw his anticipatory bail application and surrender, and the trial court shall consider the regular bail application on its merits without prejudice.

Summary

Divya Prakash filed an anticipatory bail application in a criminal miscellaneous case arising from an excise matter. The petitioner, through counsel, later sought permission to withdraw that application and instead surrender to the trial court to seek regular bail. The High Court examined whether such withdrawal could be permitted and whether the surrender would prejudice the regular bail application. The Court granted permission to withdraw the anticipatory bail, emphasizing that the trial court must consider the regular bail application on its own merits without any prejudice arising from the withdrawal. Consequently, the petitioner may now surrender and apply for regular bail, and the trial court will adjudicate that application independently.

Issues considered

Whether the petitioner may withdraw his anticipatory bail application
Whether surrender and a subsequent regular bail application can be entertained without prejudice

Subjects

anticipatory bail
regular bail
withdrawal of bail application
criminal procedure
surrender
bail jurisprudence

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.244 of 2026
                        Arising Out of PS. Case No.-580 Year-2023 Thana- Excise P.S. District- Supaul
                  ======================================================
                  Divya Prakash S/o Subhash Kumar R/V-Anand Bihar, Ward no 02, PS-
                  Madhepura, Dist- Madhepura
                                                                      ... ... Petitioner/s
                                               Versus
                  The State of Bihar
                                                               ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :         Mr. Prafull Chandra Thakur
                  For the Opposite Party/s :         Mr. Anil Prasad Singh
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    15-01-2026                  1. 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 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
                    seek 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)
amit/-

U        T

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