Patna High Court

Surendra Prasad SinghversusThe State of Bihar

Decided: 30 April 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court allowed the withdrawal of the anticipatory bail application and dismissed it as withdrawn.

Summary

Surendra Prasad Singh and his wife Sita Devi were implicated in a criminal case (PS No. 59 of 2025) and filed an anticipatory bail application under the Criminal Procedure Code. Subsequently, they approached the High Court seeking permission to withdraw a second anticipatory bail application they had filed. The learned counsel for the petitioners requested the court's leave to withdraw, and the court examined whether such withdrawal could be permitted. The court granted the petitioners' request, holding that a party may withdraw an anticipatory bail application with the court's permission. Consequently, the anticipatory bail application was dismissed as withdrawn.

Issues considered

Whether the court may grant permission to withdraw an anticipatory bail application filed under the Criminal Procedure Code.

Subjects

anticipatory bail
withdrawal
Criminal Procedure Code
Section 438
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7345 of 2026
                    Arising Out of PS. Case No.-59 Year-2025 Thana- MUSRIGHRARI District- Samastipur
                  ======================================================
            1.     Surendra Prasad Singh S/o Late Parmeshwar Singh R/o Village - Fatehpur
                   Ward No. 6, P.S - Mushrigharari, District - Samastipur
            2.    Sita Devi W/o Surendra Prasad Singh R/o Village - Fatehpur Ward No. 6,
                  P.S - Mushrigharari, District - Samastipur

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Bindeswari Singh, Advocate
                  For the Opposite Party/s :       Mr. Dilip Kumar No. 1, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    30-04-2026                     1. Heard learned counsel for the petitioners and

                    learned A.P.P. for the State.

                                    2. The learned counsel for the petitioners, at the

                    outset, seeks permission to withdraw the second anticipatory

                    bail application.

                                    3. Permission is accorded.

                                    4. Accordingly, the present anticipatory bail

                    application is dismissed as withdrawn.



                                                      (Satyavrat Verma, J)
Rishabh/-

U      T

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