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Patna High Court

Dhirendar Mehta @ TunnuversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court allowed the withdrawal of the anticipatory bail application and directed that any subsequent regular bail application be considered on its merits without prejudice.

Summary

The petitioner, Dhirendar Mehta, filed an anticipatory bail application in the Patna High Court. He later sought permission to withdraw that application and instead surrender to the trial court to seek regular bail. The learned counsel for the petitioner argued for withdrawal, and the court granted the request. The court clarified that any regular bail application filed after surrender would be examined on its own merits without any prejudice arising from the earlier withdrawal. Consequently, the anticipatory bail application was dismissed as withdrawn, and the petitioner was given liberty to surrender and apply for regular bail.

Issues considered

  • Can an anticipatory bail application be withdrawn at the request of the petitioner?
  • Does withdrawal of an anticipatory bail application preclude the trial court from considering a subsequent regular bail application without prejudice?

Subjects

  • anticipatory bail
  • withdrawal
  • regular bail
  • trial court discretion
  • prejudice

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6147 of 2026
                    Arising Out of PS. Case No.-396 Year-2025 Thana- TRIVENIGANJ District- Supaul
                 ======================================================
                 Dhirendar Mehta @ Tunnu S/O Late Arjun Kumar Mehta @ Late Arun
                 Kumar Mehta R/O Lakshminiya, Ward No. 12, P.S- Triveniganj, Dist.-
                 Supaul, Pin Code- 852137.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Purushottam Kumar, Advocate
                 For the Opposite Party/s :      Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  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 anticipatory bail

                   application with liberty to the petitioner to surrender and seek

                   regular bail.

                                3. Permission is accorded.

                                4. It is made clear that in the event if the petitioner

                   surrenders and seeks regular bail, in that event the learned Trial

                   Court shall consider the case of the petitioner 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.6147 of 2026(2) dt.03-02-2026
                                                        2/2




                      application is dismissed as withdrawn with the liberty

                      aforesaid.



                                                (Satyavrat Verma, J)
Rishabh/-

U      T


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