Patna High Court

Raushan KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: WITHDRAWN
Bench: SONI SHRIVASTAVA

Holding

The Court permitted the withdrawal of the anticipatory bail and dismissed the application as withdrawn, while allowing the petitioner to seek regular bail within three weeks upon surrender.

Summary

The petitioner, Raushan Kumar, filed an application to withdraw his anticipatory bail so that he could surrender to the authorities and apply for regular bail. The petitioner argued that he wished to face the charges and seek bail on the merits of the case. The learned counsel for the State opposed the withdrawal. The Court, after hearing arguments, granted permission to withdraw the anticipatory bail and dismissed the application as withdrawn. The Court further directed that if the petitioner surrenders and applies for regular bail within three weeks, the application will be considered on its own merits without prejudice from the present order.

Issues considered

Whether an anticipatory bail order can be withdrawn by the petitioner
Whether surrender and a subsequent application for regular bail can be entertained after withdrawal of anticipatory bail

Subjects

anticipatory bail
regular bail
withdrawal of bail
surrender
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2967 of 2026
                      Arising Out of PS. Case No.-94 Year-2021 Thana- MOTIHARI TOWN District- East
                                                         Champaran
                  ======================================================
                  Raushan Kumar Son of Dina Paswan @ Dinanath Paswan Resident of
                  Village- Raghunathpur, P.S.- Raghunathpur, District- East Champaran

                                                                                   ... ... Petitioner/s
                                                        Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Amit Kumar, Advocate
                  For the Opposite Party/s :       Mr.Nand Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

2    28-01-2026                    After some arguments, learned counsel for the

                    petitioner prays for withdrawal of the anticipatory bail

                    application in order to surrender and seek regular bail.

                                 2. Permission is granted.

                                 3. This application is dismissed as withdrawn with

                    liberty that if the petitioner surrenders and seeks regular bail

                    within a period of three weeks before the learned Court below,

                    the same shall be considered on its own merit without being

                    prejudiced by the present order of withdrawal preferably on the

                    same day.


                                               (Soni Shrivastava, J)

Harsh/-
U       T

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