Patna High Court

zafirversusThe State of Bihar

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Disposal: WITHDRAWN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

Holding

The Court allowed the withdrawal of the anticipatory bail application and directed that the trial court consider regular bail without prejudice.

Summary

The petitioner, Zafir, was facing an anticipatory bail application in a criminal case arising from PS Jokihat, Araria. He approached the High Court seeking permission to withdraw his anticipatory bail application and to surrender to the trial court for regular bail. The learned counsel for the petitioner requested that the court allow the withdrawal and grant liberty to seek regular bail. The Court granted the request, permitting the withdrawal of the anticipatory bail application. It further directed that the trial court, upon the petitioner's surrender, should consider the regular bail application on its merits without any prejudice arising from the earlier withdrawal.

Issues considered

Whether a petitioner may be permitted to withdraw an anticipatory bail application and surrender to seek regular bail.

Subjects

anticipatory bail
withdrawal
regular bail
criminal procedure
surrender

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.260 of 2026
                        Arising Out of PS. Case No.-346 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
                 Zafir S/O Hasim Resident of village- Bhagwanpur,Ward no.- 3, P.S- Jokihat,
                 Dist.- Araria
                                                                          ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aryan Singh
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey
                 ======================================================
                 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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