Patna High Court
Chhotelal DubeyversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application is dismissed as withdrawn, with liberty to surrender and seek regular bail.
Summary
Chhotelal Dubey filed an anticipatory bail application before the Patna High Court. During the hearing, his counsel requested permission to withdraw the anticipatory bail and to surrender, seeking regular bail thereafter. The Court granted the request, allowing the withdrawal and clarifying that the trial court should consider any regular bail application on its merits without prejudice. Consequently, the anticipatory bail application was dismissed as withdrawn, and the petitioner was given liberty to surrender and apply for regular bail. The order emphasizes that withdrawal does not prejudice the trial court’s discretion in regular bail matters.
Issues considered
- Whether an anticipatory bail application can be withdrawn by the petitioner
- Effect of withdrawal of anticipatory bail on the petitioner's right to seek regular bail after surrender
Subjects
- anticipatory bail
- withdrawal
- regular bail
- criminal procedure
- surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69855 of 2025
Arising Out of PS. Case No.-56 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Chhotelal Dubey S/o Kapildeo Dubey R/o Village- Jatwaliya, P.S.- Kundwa
Chainpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 16-02-2026 1. Heard learned counsel for the petitioner and the
learned APP 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 surrender and seek regular bail.
3. Permission is accorded.
4. 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 his anticipatory bail
application.
5. Accordingly, the instant anticipatory bail
Patna High Court CR. MISC. No.69855 of 2025(5) dt.16-02-2026
2/2
application is dismissed as withdrawn with the liberty
aforesaid.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…