Patna High Court

Balmiki SharmaversusThe State of Bihar

Decided: 28 April 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The Court held that an anticipatory bail application may be withdrawn, and the trial court must consider any subsequent regular bail application without prejudice.

Summary

Petitioner Balmiki Sharma filed an anticipatory bail application in the High Court of Patna. After hearing, he sought permission to withdraw that application and to surrender, requesting regular bail instead. The Court granted permission to withdraw, dismissing the anticipatory bail application as withdrawn. It further directed that, should the petitioner surrender and apply for regular bail, the trial court must consider the bail application on its merits without any prejudice arising from the withdrawal. The order clarifies that withdrawal of anticipatory bail does not disadvantage the petitioner in subsequent regular bail proceedings.

Issues considered

Whether an anticipatory bail application can be withdrawn at the petitioner's request
Whether withdrawal of anticipatory bail prejudices the petitioner in a subsequent regular bail application

Subjects

anticipatory bail
withdrawal
regular bail
bail
criminal procedure
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3889 of 2026
                 Arising Out of PS. Case No.-209 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua)
                 ======================================================
                 Balmiki Sharma Son of Nandu Sharma R/o Village - Rehi, Post Office -
                 Jagebaro, P.S.- Sonham, District - Kaimur (Bhabhua), Bihar
                                                                            ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.     X Son of Late Kashi Bind R/o Village - Dumdum, P.S.- Bhabua, District -
                  Kaimur at Bhabua
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashish Om, Advocate
                 For the Opposite Party/s :      Mr. Raj Ballabh Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   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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