Patna High Court
GOURAV KUMARversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the withdrawal of the anticipatory bail application and dismissed the petition.
Summary
Gourav Kumar filed an anticipatory bail application in the High Court of Patna. During the hearing, his counsel requested permission to withdraw the anticipatory bail and to surrender, seeking regular bail instead. The Court granted the request, allowing the withdrawal and dismissing the petition. It clarified that upon surrender, the District Court will consider the regular bail application on its merits without prejudice for the earlier withdrawal. Thus, the petitioner may now approach the lower court for regular bail.
Issues considered
- Whether an anticipatory bail application can be withdrawn by the petitioner
- What effect, if any, the withdrawal of anticipatory bail has on a subsequent regular bail application
Subjects
- anticipatory bail
- withdrawal of bail
- regular bail
- criminal procedure
- bail jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28040 of 2026
Arising Out of PS. Case No.-334 Year-2025 Thana- RAJAON District- Banka
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Gourav Kumar S/O Ramkeshwar Singh R/O Vill - Pansalla, P.S.- Lakho,
Distt. - Begusarai
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushpendra Kumar Singh
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. Sri Chandra Bhushan Prasad for the State.
2. The learned counsel for the petitioner, after arguing
vehemently for sometimes realizing his difficulty, seeks
permission to withdraw the present anticipatory bail application
with liberty to the petitioner to surrender and seek regular bail.
3. Permission is accorded.
4. Accordingly, instant petition is dismissed as
withdrawn with the liberty aforesaid.
5. It is made clear that if petitioner surrenders and seeks
regular bail, in that event, the learned District 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)
vikash/-
U T
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