Patna High Court
Khushbu KumariversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PRABHAT KUMAR SINGH
Holding
The anticipatory bail petition is dismissed as withdrawn, with liberty granted to the petitioner to surrender and seek regular bail.
Summary
The petitioner, Khushbu Kumari, filed an anticipatory bail petition in the Patna High Court in connection with a criminal case (PS. Case No.-234 Year-2024). During the hearing, the petitioner’s counsel sought permission to withdraw the anticipatory bail petition and requested liberty to surrender before the lower court and apply for regular bail. The Court considered whether such withdrawal and liberty could be granted. The Court allowed the withdrawal, granting the petitioner liberty to surrender and seek regular bail without prejudice to the lower court. Consequently, the anticipatory bail petition was dismissed as withdrawn, and the lower court was directed to consider any regular bail application thereafter.
Issues considered
- Whether an anticipatory bail petition may be withdrawn by the petitioner at the hearing stage.
- Whether the petitioner can be granted liberty to surrender and subsequently apply for regular bail.
Subjects
- anticipatory bail
- withdrawal of bail petition
- regular bail
- criminal procedure
- liberty to surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77915 of 2025
Arising Out of PS. Case No.-234 Year-2024 Thana- KURSAILA District- Katihar
======================================================
Khushbu Kumari Daughter of Manoj Kumar Sah Resident of Village -
Sameli, P.S.- Kursela, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhola Prasad
For the Opposite Party/s : Mr.Ram Bilash Roy Raman
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. However, after some argument, learned counsel for
the petitioner seeks permission to withdraw this anticipatory bail
petition granting liberty to the petitioner to surrender before the
Court below and make a prayer for regular bail.
3. Permission is granted.
4. The anticipatory bail petition stands dismissed as
withdrawn with liberty, as indicated above. If petitioner
surrenders and makes a prayer for regular bail, the learned Court
below, without being prejudiced with this order, may examine
the same and pass appropriate order in accordance with law.
(Prabhat Kumar Singh, J)
anay
U T
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