Patna High Court

Vinod Choudhari @ Vinod Kumar Choudhari @ Vinod KumarversusThe State of Bihar

Decided: 23 April 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The Court allowed the petitioner to withdraw the anticipatory bail application, dismissing it as withdrawn.

Summary

Vinod Choudhari filed an anticipatory bail application in a criminal case arising from a 2015 incident. He later sought permission to withdraw that application and to surrender, requesting regular bail instead. The Court, after hearing counsel, granted permission to withdraw the anticipatory bail application. Consequently, the anticipatory bail petition was dismissed as withdrawn. The Court directed that, should the petitioner surrender and apply for regular bail, the trial court must consider the bail application on its merits without prejudice from the withdrawal.

Issues considered

Whether an anticipatory bail application can be withdrawn at the request of the petitioner
Whether withdrawal of anticipatory bail affects the trial court's consideration of a subsequent regular bail application

Subjects

anticipatory bail
withdrawal
regular bail
criminal procedure
bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26705 of 2026
                   Arising Out of PS. Case No.-536 Year-2015 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Nawada
                 ======================================================
                 Vinod Choudhari @ Vinod Kumar Choudhari @ Vinod Kumar Son of
                 Jageshwar Choudhari Resident of Village - Nadsena, P.S.- Sitamarhi, District-
                 Nawada
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :     Mr. Lakshmi Kant Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  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. Accordingly, the anticipatory bail application is
                   dismissed as withdrawn.
                                5. However, it is made clear that if the 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)

Kundan/-

U     T

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