Created by Fuzzy Cloud

Patna High Court

Jitendra Kumar @ Jatindra KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court held that the petitioner may withdraw his anticipatory bail application and accordingly dismissed the writ petition as withdrawn.

Summary

The petitioner, Jitendra Kumar, was facing arrest in connection with a case filed under several sections of the Indian Penal Code (341, 323, 324, 308, 504, 506 and 34). He had filed an anticipatory bail application before the High Court. The petitioner’s counsel sought permission to withdraw that bail application. The Court, after hearing both sides, granted the permission to withdraw and dismissed the writ petition as withdrawn. The Court further directed that if the petitioner surrenders within six weeks, the trial court should decide his surrender‑cum‑bail application on the same day without prejudice to the earlier withdrawal.

Issues considered

  • Whether the petitioner is entitled to withdraw his anticipatory bail application.
  • Whether the High Court can permit withdrawal of a bail application pending before it.

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal of bail application
  • criminal procedure
  • Indian Penal Code
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74492 of 2025
                          Arising Out of PS. Case No.-670 Year-2020 Thana- FATUA District- Patna
                 ======================================================
                 Jitendra Kumar @ Jatindra Kumar S/o Raghunath Singh R/O vill.-
                 Deversaukhi, Bhagwanpur, P.S.- Fatuha, Distt.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ram Jiban Pd. Singh, Advocate
                                                   Mr. Bipin Kumar, Advocate
                 For the Opposite Party/s :        Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   19-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner is apprehending arrest in connection

                   with Fatuha P.S. Case No. 670 of 2020, dated 17.09.2020,

                   lodged under Sections 341, 323, 324, 308, 504, 506 and 34 of

                   the Indian Penal Code, pending before the Court of ACJM-II,

                   Patna City.

                                 3. Learned counsel for the petitioner seeks permission

                   to withdraw the present bail application.

                                 4. Permission, as prayed for, is granted.

                                 5. Accordingly, the present writ petition stands

                   dismissed as withdrawn with a liberty that if the petitioner

                   surrenders within six weeks, then the Trial Court is directed to
          Patna High Court CR. MISC. No.74492 of 2025(3) dt.19-03-2026
                                                      2/2




                    pass order on his surrender-cum-bail application on the same

                    day without being prejudice that the anticipatory bail of the

                    petitioner has been dismissed as withdrawn by this Court and

                    the Trial Court shall pass order on the merit of this case.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.