Patna High Court

Saurav Kumar @ Santu KumarversusThe State of Bihar

Decided: 5 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The Court permitted the petitioner to withdraw the anticipatory bail application and to surrender for regular bail.

Summary

Petitioner Saurav Kumar had filed an anticipatory bail application under the Criminal Procedure Code. During the hearing, he requested permission to withdraw that application and instead surrender to the trial court to seek regular bail. The Court, after hearing counsel, granted the request, allowing the withdrawal. It clarified that the trial court, upon his surrender, must consider the regular bail application on its merits without prejudice from the earlier anticipatory bail filing. Thus, the petitioner may now approach the trial court for regular bail.

Issues considered

Whether an anticipatory bail application can be withdrawn by the petitioner
Effect of withdrawal on the trial court's consideration of a subsequent regular bail application

Subjects

anticipatory bail
withdrawal
regular bail
surrender
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.56254 of 2025
                           Arising Out of PS. Case No.-352 Year-2025 Thana- BEUR District- Patna
                  ======================================================
                  Saurav Kumar @ Santu Kumar S/o Naresh Prasad Singh R/o village-
                  Dasharatha, PS- Beur, District- Patna
                                                                    ... ... Petitioner/s
                                                      Versus
                  The State of Bihar
                                                             ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Saurabh Kumar, Advocate
                  For the Opposite Party/s :        Mr. Parmanand Prasad, APP
                  ======================================================
                  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 some times realizing his difficulty, seeks

                    permission to withdraw the anticipatory bail application with

                    liberty to the petitioner to surrender and seek regular bail.

                                 3. Permission is accorded.

                                 4. It is made clear that if the petitioner surrenders and

                    seeks regular bail, in that event 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)
Rishabh/-

U      T

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