Patna High Court

Rameshwar Ram @ Rameshar RamversusThe State of Bihar

Decided: 6 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court may permit withdrawal of an anticipatory bail application and order that the trial court consider regular bail without prejudice.

Summary

The petitioner, Rameshwar Ram, was implicated in a criminal case (PS Case No.256/2025) and filed an anticipatory bail application before the Patna High Court. During the hearing, the petitioner’s counsel requested permission to withdraw the anticipatory bail application and to surrender to the trial court to seek regular bail. The Court, after hearing both sides, granted the request, allowing the withdrawal of the anticipatory bail. It directed that the trial court consider the regular bail application on its merits without any prejudice arising from the withdrawal. Consequently, the anticipatory bail application was dismissed as withdrawn, and the petitioner was free to surrender and apply for regular bail.

Issues considered

Whether the petitioner may withdraw his anticipatory bail application and surrender to seek regular bail?

Subjects

anticipatory bail
regular bail
withdrawal
surrender
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76302 of 2025
                     Arising Out of PS. Case No.-256 Year-2025 Thana- HUSSAINGANJ District- Siwan
                 ======================================================
                 Rameshwar Ram @ Rameshar Ram S/o Late Sadri Ram R/o Village -
                 Pakwaliya, P.S - Hussainganj, District - Siwan
                                                                       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rakesh Kumar Ram, Advocate
                 For the Opposite Party/s :       Mr. Anant Kumar 1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-01-2026                  1. Heard learned counsel for the petitioner and
                   learned A.P.P. for the State.
                                2. Learned counsel for the petitioner, after arguing
                   vehemently for some times, seeks permission to withdraw the
                   anticipatory bail application with liberty to the petitioner to
                   surrender and seek regular bail.
                                3. Permission is accorded.
                                4. Accordingly, the anticipatory bail application is
                   dismissed as withdrawn.
                                5. It is made clear that if the petitioner surrenders and
                   seeks regular bail, the learned Trial Court shall consider the case
                   on its own merit without being prejudiced by the fact that
                   petitioner before this Court withdrew the anticipatory bail
                   application.


                                                                       (Satyavrat Verma, J)

Kundan/-

U     T

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