Patna High Court
Bankatesh SharmaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the petitioner to withdraw the anticipatory bail application, dismissing it as withdrawn.
Summary
Bankatesh Sharma filed an anticipatory bail application before the Patna High Court. After hearing, he sought permission to withdraw that application and instead surrender to face trial and apply for regular bail. The Court granted permission to withdraw, dismissing the anticipatory bail application as withdrawn. The Court clarified that the trial court, when considering a regular bail application, must do so on its merits without prejudice from the withdrawal. The order thus allows the petitioner to surrender and seek regular bail.
Issues considered
- Whether an anticipatory bail application can be withdrawn by the petitioner
- What effect, if any, the withdrawal of an anticipatory bail application has on 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.27916 of 2026
Arising Out of PS. Case No.-172 Year-2025 Thana- Gurupa District- Gaya
======================================================
Bankatesh Sharma S/o Late Baidyanath Prasad R/o Mohan Nagar, Near
Police Line, P.S. - Rampur, Dist. - Gayaji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Sri Dinu Kumar, Advocate
Smt. Meena Kumari, Advocate
Sri Vardaan Mangalam, Advocate
Smt. Ritika Rani, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 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dismissed as withdrawn.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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