Patna High Court

Mrityunjay Singh@ Chhotu Singh @ Kumar MrityunjayversusThe State of Bihar

Decided: 13 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The Court allowed the petitioner to withdraw the anticipatory bail application and dismissed it as withdrawn.

Summary

The petitioner, Mrityunjay Singh, filed an anticipatory bail application in the High Court of Patna. He later sought permission to withdraw that application and instead surrender to the trial court to seek regular bail. The Court, after hearing counsel, granted permission to withdraw the anticipatory bail application. Consequently, the anticipatory bail petition was dismissed as withdrawn. The Court clarified that the trial court must consider any regular bail application on its merits without prejudice arising from the withdrawal of the anticipatory bail.

Issues considered

Whether an anticipatory bail application can be withdrawn by the petitioner.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
regular bail
bail procedure
criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62087 of 2025
                      Arising Out of PS. Case No.-925 Year-2019 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Mrityunjay Singh@ Chhotu Singh @ Kumar Mrityunjay S/o Late
                 Gupteshwar Singh R/O Village - Jaisinghpur, Pulwaghat (Ward No. 14) P.S.-
                 Turkauliya, Distt. - East Champaran
                                                                           ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rakesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   13-01-2026                  1. Heard learned counsel for the petitioner and
                   learned A.P.P. for the State.
                                2. Learned counsel for the petitioner, at the outset,
                   seeks permission to withdraw the anticipatory bail application
                   with liberty to the petitioner to surrender and seek regular bail.
                                3. Permission is accorded.
                                4. Accordingly, the anticipatory bail application is
                   dismissed as withdrawn.
                                5. It is made clear that if the petitioner surrenders and
                   seeks regular bail, the learned Trial 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)

Kundan/-

U     T

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