Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the withdrawal of the anticipatory bail application and dismissed it as withdrawn.
Summary
Nitish Kumar filed an anticipatory bail application before the Patna High Court. During the hearing, his counsel requested permission to withdraw the anticipatory bail and instead surrender to face regular bail proceedings. The Court granted the request, allowing the withdrawal and directing that the petitioner may surrender and seek regular bail without prejudice. It clarified that the trial court should consider the regular bail application on its merits, unaffected by the earlier anticipatory bail filing. Consequently, the anticipatory bail application was dismissed as withdrawn.
Issues considered
- Whether an anticipatory bail application can be withdrawn by the petitioner
- Whether withdrawal of anticipatory bail prejudices the petitioner’s right to obtain regular bail upon surrender
Subjects
- anticipatory bail
- withdrawal
- regular bail
- Criminal Procedure Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57764 of 2025
Arising Out of PS. Case No.-132 Year-2024 Thana- Excise P.S. District- Madhepura
======================================================
Nitish Kumar S/O Kundan Yadav Resident Of Village- Balam Gadhiya, Ward
No. 04, P.S.- Madhepura, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pooja Prasad, Advocate
For the Opposite Party/s : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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.
5. Accordingly, the instant anticipatory bail
Patna High Court CR. MISC. No.57764 of 2025(3) dt.06-01-2026
2/2
application is dismissed as withdrawn with the liberty
aforesaid.
(Satyavrat Verma, J)
Rishabh/-
U T
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