Patna High Court
Jitendra Kumar @ Jatindra KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANSHUMAN
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held that the petitioner may withdraw his anticipatory bail application and accordingly dismissed the writ petition as withdrawn.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 The Court, after hearing both sides, granted the permission to withdraw and dismissed the writ petition as withdrawn.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
- Indian Penal Code — s. 308, 323, 324, 34, 341, 504, 506
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
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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
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