Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the withdrawal of the anticipatory bail application and dismissed the petition.
Summary
Amit Kumar filed an anticipatory bail application before the Patna High Court. He later sought permission to withdraw that application and to surrender to the authorities to obtain regular bail. The learned counsel for the petitioner argued for withdrawal, and the court granted the request. The petition was dismissed as withdrawn, with liberty to the petitioner to surrender and apply for regular bail before the district court. The court clarified that the district court must consider the regular bail application on its merits without prejudice for the earlier withdrawal of anticipatory bail.
Issues considered
- What is the effect of withdrawing an anticipatory bail application?
- Can a petitioner surrender and seek regular bail after withdrawing anticipatory bail?
Subjects
- anticipatory bail
- withdrawal
- regular bail
- criminal procedure
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70026 of 2025
Arising Out of PS. Case No.-68 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Amit Kumar Son of Tarbabu Mahato Resident of Village - Olhan Loharpatti,
Police Station - Harsiddhi, District - East Champaran at Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mariyam Khathun D/o Md. Khalil R/o Village- Modhuchapra, P.S.-
Piparkothi, District - East Champaran at Motihari
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Md. Shakir Ahmad
Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 06-04-2026 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 present
anticipatory bail application with liberty to the petitioner to
surrender and seek regular bail.
3. Permission is accorded.
4. Accordingly, instant petition is dismissed as
withdrawn with the liberty aforesaid.
5. It is made clear that if petitioner surrenders and
seeks regular bail, in that event, the learned District Court shall
consider the case on its own merit without being prejudiced by
Patna High Court CR. MISC. No.70026 of 2025(4) dt.06-04-2026
2/2
the fact that petitioner before this Court withdrew his
anticipatory bail application.
(Satyavrat Verma, J)
vikash/-
U T
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