Created by Fuzzy Cloud

Patna High Court

GOURAV KUMARversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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  • Whether an anticipatory bail application can be withdrawn by the petitioner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
                   ======================================================
                   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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.