Patna High Court

Anil Kumar Sao @ Anil Kumar GuptaversusThe State of Bihar

Decided: 21 January 2026
Disposal: WITHDRAWN
Bench: SONI SHRIVASTAVA

Holding

The Court permitted the withdrawal of the bail application and dismissed it as withdrawn, while allowing a future regular bail application to be considered on its merits.

Summary

Anil Kumar Sao, the petitioner, filed an application before the Patna High Court seeking bail in a criminal miscellaneous case arising from a police station case in Gaya. The petitioner, through counsel Mr. Abhay Kumar Singh, later requested permission to withdraw the bail application. The Court, after hearing arguments from both sides, granted the petitioner's request and dismissed the application as withdrawn. The judgment also stipulated that if the petitioner surrenders to the lower court within three weeks and files a regular bail application, that application will be considered on its merits without prejudice from the withdrawal order. No substantive discussion on the merits of bail was undertaken, as the matter was limited to the procedural request for withdrawal.

Issues considered

Whether the petitioner is entitled to withdraw the bail application pending before the High Court
Whether a subsequent regular bail application, filed after surrender, can be entertained without prejudice

Subjects

bail
withdrawal of application
criminal procedure
high court
regular bail
surrender

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.69269 of 2025
                       Arising Out of PS. Case No.-42 Year-2025 Thana- ROSHANGANJ District- Gaya
                  ======================================================
                  Anil Kumar Sao @ Anil Kumar Gupta S/O Ambika Sao @ Ambika Prasad
                  Gupta R/O Village- Jori, Lenjwa, P.S- Jori, Distt.- Chatra (Jharkhand).
                                                                                  ... ... Petitioner/s
                                                     Versus
                  The State of Bihar.                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Abhay Kumar Singh, Advocate
                  For the Opposite Party/s :       Mr. Madhura Nand Jha, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

3    21-01-2026                    Heard learned counsel for the petitioner and learned

                    APP for the State.

                                 2. After some arguments, learned counsel for the

                    petitioner seeks permission to withdraw this application.

                                 3. Permission is accorded.

                                 4. Accordingly, this application is dismissed as

                    withdrawn.

                                 5. However, if the petitioner surrenders before the

                    learned Court below within a period of three weeks and seeks

                    regular bail, the same shall be considered on its own merits

                    without being prejudiced by this withdrawal order, preferably on

                    the same day.


                                               (Soni Shrivastava, J)


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