Patna High Court

Sohail AhmadversusThe State of Bihar

Decided: 21 January 2026
Disposal: WITHDRAWN
Bench: RAJIV ROY

Holding

The anticipatory bail petition was withdrawn and dismissed as the petitioner had surrendered.

Summary

The petitioner, Sohail Ahmad, was facing arrest in a criminal case (Siwan Rail P.S. Case No. 94 of 2025) for alleged offences under sections 318(4), 317(4), 317(5) and 3(5) of the B.N.S. He filed an anticipatory bail application. While the matter was pending, the petitioner surrendered before the court. His counsel requested permission to withdraw the anticipatory bail petition on the ground of surrender. The court allowed the withdrawal, holding that the petition could be withdrawn after surrender. Consequently, the anticipatory bail application was dismissed as withdrawn.

Issues considered

Whether an anticipatory bail application can be withdrawn after the petitioner surrenders before the court

Legislation cited

B.N.S. — s. 317(4), 317(5), 318(4), 3(5)

Subjects

anticipatory bail
withdrawal of petition
surrender
criminal procedure
B.N.S. sections 318 317 3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74574 of 2025
                     Arising Out of PS. Case No.-94 Year-2025 Thana- SIWAN RAIL P.S. District- Saran
                 ======================================================
                 Sohail Ahmad S/O Ali Akbar Resident of M.M. Colony, P.S.- Siwan Town,
                 Distt.- Siwan.
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Pandey, Advocate
                 For the Opposite Party/s :        Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   21-01-2026                  Heard Mrs. Shyama Rani, learned counsel for the

                   petitioner and the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Siwan Rail P.S. Case No. 94 of 2025 for the

                   offence under sections 318(4), 317(4), 317(5) and 3(5) of the

                   B.N.S. lodged on 18.07.2025 by the informant, Shailendra Kumar

                   Pandey.

                                3. It has been informed by the learned counsel for the

                   petitioner that the sole petitioner has surrendered in the Court and

                   as such, she may be permitted to withdraw the petition.

                                4. Permission accorded.

                                5. Accordingly, the anticipatory bail application stands

                   dismissed as withdrawn.



                                                   (Rajiv Roy, J)
Adnan/-

U

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