Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application is dismissed as withdrawn, and the petitioner may surrender and seek regular bail, which the trial court must consider on its merits without prejudice.
Summary
The petitioner, Raja 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, emphasizing that the trial court must consider the regular bail application on its merits without prejudice due to the withdrawal. It clarified that the withdrawal of anticipatory bail does not disadvantage the petitioner in the regular bail proceedings. Consequently, the anticipatory bail application was dismissed as withdrawn, and the petitioner was free to surrender and apply for regular bail.
Issues considered
- Whether an anticipatory bail application can be withdrawn by the petitioner.
- Whether the trial court must consider a regular bail application without prejudice after withdrawal of anticipatory bail.
Subjects
- anticipatory bail
- withdrawal
- regular bail
- criminal procedure
- surrender
- trial court
- prejudice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75277 of 2025
Arising Out of PS. Case No.-106 Year-2024 Thana- NASRIGANJ District- Rohtas
======================================================
Raja Kumar S/O Arvind Chaudhary Resident of Village- Amiyawar, P.S.-
Nasriganj, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Ms. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 23-02-2026 1. Heard learned counsel for the petitioner and the
learned APP for the State.
2. The learned counsel for the petitioner, after arguing
vehemently for some times realizing his difficulty, seeks
permission to withdraw the anticipatory bail application with
liberty to the petitioner to surrender and seek regular bail.
3. Permission is accorded.
4. It is made clear that if the petitioner surrenders and
seeks regular bail, the learned Trial Court shall consider the case
Patna High Court CR. MISC. No.75277 of 2025(4) dt.23-02-2026
2/2
on its own merit without being prejudiced by the fact that
petitioner, before this Court, withdrew his anticipatory bail
application.
5. Accordingly, the instant anticipatory bail
application is dismissed as withdrawn with the liberty
aforesaid.
(Satyavrat Verma, J)
Rishabh/-
U T
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