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Patna High Court

Anand KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The anticipatory bail application is dismissed as withdrawn, and the petitioner may surrender and seek regular bail without prejudice.

Summary

Anand Kumar filed an anticipatory bail application before the Patna High Court. During the hearing, his counsel requested permission to withdraw the anticipatory bail and instead surrender to the trial court to seek regular bail. The Court granted the request, allowing the withdrawal of the anticipatory bail application. The application was dismissed as withdrawn. The Court clarified that if the petitioner surrenders and applies for regular bail, the trial court must consider the matter on its merits without prejudice for the earlier withdrawal. No other substantive orders were made.

Issues considered

  • What is the effect of withdrawing an anticipatory bail application?
  • Whether withdrawal of anticipatory bail prejudices the petitioner’s right to obtain regular bail upon surrender.

Subjects

  • anticipatory bail
  • withdrawal
  • regular bail
  • criminal procedure
  • bail

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.71682 of 2025
                          Arising Out of PS. Case No.-88 Year-2025 Thana- Patarghat District- Saharsa
                   ======================================================
                   Anand Kumar S/o Kailash Yadav Resident of Village- Ghoghanpatti
                   Dhabauli, Ward No. 4, P.S.- Patarghat, District- Saharsa

                                                                                        ... ... Petitioner/s
                                                           Versus
                   The State of Bihar

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :         Mr. Pankaj Kumar Singh, Advocate
                   For the Opposite Party/s :         Ms. Veena Kumari Jaiswal, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                         ORAL ORDER

3     07-01-2026                  Heard learned counsel for the petitioner and learned
                     APP for the State.
                                  2. Learned counsel for the petitioner after some
                     arguments seeks permission to withdraw the anticipatory bail
                     application with liberty to the petitioner to surrender and seek
                     regular bail.
                                  3. Permission is accorded.
                                  4. The instant anticipatory bail application is dismissed
                     as withdrawn.
                                  5. It is made clear that if petitioner surrenders and seeks
                     regular bail, in that event, the learned Trial Court shall consider the
                     case on its own merits without being prejudiced by the fact that
                     petitioner before this Court withdrew the anticipatory bail
                     application.


                                                (Satyavrat Verma, J)

Sanjay/-

U          T


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