Patna High Court

Md. Saddam @ Saddam HussainversusThe State of Bihar

Decided: 5 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

An anticipatory bail application may be withdrawn by the petitioner, and such withdrawal does not prejudice any subsequent regular bail application.

Summary

The petitioner, Md. Saddam, filed an anticipatory bail application in the Patna High Court. During the hearing, counsel for the petitioner requested permission to withdraw the anticipatory bail application and instead surrender to seek regular bail. The Court granted the request, dismissing the anticipatory bail application as withdrawn and allowing the petitioner to surrender and apply for regular bail. The Court clarified that the district court, when hearing the regular bail application, must consider it on its merits without any prejudice arising from the withdrawal. Thus, the petitioner’s anticipatory bail was withdrawn and the case proceeds to regular bail consideration.

Issues considered

Whether an anticipatory bail application can be withdrawn by the petitioner
Whether withdrawal of an anticipatory bail application prejudices a subsequent regular bail application

Subjects

anticipatory bail
withdrawal of bail application
regular bail
criminal procedure
bail jurisprudence

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.78813 of 2025
                    Arising Out of PS. Case No.-251 Year-2025 Thana- KUDRA District- Kaimur (Bhabua)
                  ======================================================
                  Md. Saddam @ Saddam Hussain Son of Md. Manir Ghoshi @ Manir Gaddi Resident
                  of village Islamganj, Mohania, District - Kaimur at Bhabua
                                                                             ... ... Petitioner/s
                                                          Versus
                  The State of Bihar
                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s       :      Mr.Rajani Kant Pandey
                  For the Opposite Party/s   :      Mr.Binod Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    05-01-2026                1.     Heard learned counsel for the petitioner and learned APP

                    for the State.

                               2.     Learned counsel for the petitioner, after arguing

                    vehemently for some time realising 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.     Accordingly, the anticipatory bail application is dismissed

                    as withdrawn with the liberty aforesaid.

                               5.     It is made clear that if the petitioner surrenders and seeks

                    regular bail, in that event the learned district court shall consider the

                    case on its own merits without being prejudiced by the fact that

                    petitioner before this Court withdrew the anticipatory bail application.



                                                 (Satyavrat Verma, J)
Sumit/-

U         T

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