Patna High Court
Zainuddin @ JainudiinversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the withdrawal of the anticipatory bail application and dismissed the petition, granting liberty to surrender and seek regular bail.
Summary
The petitioner, Zainuddin, had filed an anticipatory bail application in a criminal case. He later approached the Patna High Court seeking permission to withdraw that application and to surrender, requesting that the regular bail be considered thereafter. The Court, after hearing counsel, granted permission to withdraw the anticipatory bail and dismissed the petition. It directed that, upon surrender, the District Court should entertain the regular bail application on its merits without prejudice to the earlier withdrawal. Thus, the petition was dismissed as withdrawn, with liberty granted to seek regular bail.
Issues considered
- Whether an anticipatory bail application can be withdrawn by the petitioner
- Whether the petitioner may surrender and seek regular bail after withdrawing anticipatory bail
Subjects
- anticipatory bail
- withdrawal
- regular bail
- surrender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70537 of 2025
Arising Out of PS. Case No.-10 Year-2025 Thana- SIKTI District- Araria
======================================================
Zainuddin @ Jainudiin S/o Riyaz Uddin R/o Village- Salgori, P.S.- Sikti,
District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi
Mr. Mrityunjay Kumar
Mr. Dheeraj Kumar
For the Opposite Party/s : Mr. Rabindra Kumar- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 11-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. Sri Rabindra Kumar for the State.
2. The learned counsel for the petitioner, after some
argument, 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withdrawn with the liberty aforesaid.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
the fact that petitioner before this Court withdrew the
Patna High Court CR. MISC. No.70537 of 2025(2) dt.11-02-2026
2/2
anticipatory bail application.
(Satyavrat Verma, J)
vikash/-
U T
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