Patna High Court
Vikki SahversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The High Court allowed the petitioner to withdraw the anticipatory bail application and dismissed the petition.
Summary
Vikki Sah filed an anticipatory bail application before the Patna High Court. The petitioner sought to withdraw the application after learning that co-accused had been granted regular bail by the High Court. He intended to surrender and apply for regular bail before the trial court based on the High Court's order. The court permitted the withdrawal of the anticipatory bail petition. The petition was dismissed as withdrawn, with a direction that the district court may consider the regular bail application on its merits without prejudice.
Issues considered
- Whether an anticipatory bail application may be withdrawn by the petitioner
- What effect, if any, the withdrawal of an anticipatory bail application has on a subsequent regular bail application
Subjects
- anticipatory bail
- withdrawal of bail application
- regular bail
- criminal procedure
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54853 of 2025
Arising Out of PS. Case No.-484 Year-2024 Thana- MAJHAULIA District- West Champaran
======================================================
Vikki Sah S/O Chandradev Sah R/O Vill.- Chuahdi Bazar Ward No. 10, P.S.-
Chanpatiya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 09-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The learned counsel for the petitioner, after some
arguments, seeks permission to withdraw the present
anticipatory bail application as it has been submitted that
similarly situated co-accused have been granted the privilege of
regular bail by the High Court, as such, seeks to surrender and
seek regular bail from the learned trial Court based on the order
of this Court.
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withdrawn with the liberty aforesaid.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
Patna High Court CR. MISC. No.54853 of 2025(3) dt.09-02-2026
2/2
consider the case of the petitioner on its own merit without
being prejudiced by the fact that petitioner before this Court
withdrew the anticipatory bail application.
(Satyavrat Verma, J)
vikash/-
U T
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