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Patna High Court

Rohit Kumar @ Mukesh KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court held that an anticipatory bail application may be withdrawn, and the petitioner may surrender and seek regular bail without prejudice.

Summary

Rohit Kumar filed an anticipatory bail application in a criminal case. During the hearing, his counsel requested permission to withdraw the anticipatory bail and to surrender, seeking regular bail instead. The Court granted the request, dismissing the anticipatory bail petition as withdrawn and allowing the petitioner to surrender. It clarified that the District Court, upon surrender, will consider the regular bail application on its merits without any prejudice arising from the 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  • Whether an anticipatory bail application can be withdrawn by the petitioner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
  • regular bail
  • criminal procedure
  • surrender

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.56212 of 2025
                       Arising Out of PS. Case No.-231 Year-2024 Thana- CHAUTHAM District- Khagaria
                   ======================================================
                   Rohit Kumar @ Mukesh Kumar, S/O Balmukhi Sharma Resident of Vill.-
                   Pansalwa, P.S.- Beldaur, District Khagaria
                                                                      ... ... Petitioner/s
                                                       Versus
                   The State of Bihar                         ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr.Santosh Kumar Singh
                   For the Opposite Party/s :       Mr.Surendra Prasad Singh
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                         ORAL ORDER

3     05-01-2026                  1. Heard learned counsel for the petitioner and learned

                     A.P.P. 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 the anticipatory bail

                     application.


                                                (Satyavrat Verma, J)
vikash/-
U        T


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