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Patna High Court

Vicky KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court permitted the withdrawal of the anticipatory bail application and dismissed the petition, granting liberty to surrender and seek regular bail.

Summary

The petitioner Vicky Kumar filed an anticipatory bail application in the Patna High Court. During the hearing, he requested permission to withdraw the anticipatory bail and instead surrender to the authorities to seek regular bail. The court granted the request, allowing the withdrawal and directing that the petitioner may surrender and apply for regular bail. It clarified that the district court, upon such surrender, must consider the regular bail application on its merits without prejudice. The personal appearance of the investigating officers was dispensed with, and the petition was dismissed as withdrawn.

Issues considered

  • Whether the petitioner may withdraw his anticipatory bail application and surrender to seek regular bail

Subjects

  • anticipatory bail
  • withdrawal
  • regular bail
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4648 of 2026
                 Arising Out of PS. Case No.-750 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Vicky Kumar Son of Sri Shyam Shundar Prasad Resident of Mohalla-
                 Ramnagar Jakkanpur, P.S.- Jakkanpur, Dist.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Anand Kumar
                 For the Opposite Party/s :     Mr.Chandra Bhushan Prasad- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   19-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. Sri Chandra Bhushan Prasad for the State.

                                2. The S.H.O. and the Investigating Officer of the

                   case in compliance of the order dated 17.03.2026 are present in

                   the Court.

                                3. 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.

                                4. Permission is accorded.

                                5. Accordingly, instant petition is dismissed as

                   withdrawn with the liberty aforesaid.

                                6. It is made clear that if petitioner surrenders and

                   seeks regular bail, in that event, the learned District Court shall
               Patna High Court CR. MISC. No.4648 of 2026(4) dt.19-03-2026
                                                           2/2




                         consider the case on its own merit without being prejudiced by

                         the fact that petitioner before this Court withdrew his

                         anticipatory bail application.

                                      7. The personal appearance of the S.H.O. and the

                         Investigating Officer of the case is dispensed with.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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