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Patna High Court

Naimullah Ansari @ Nimullah AnsariversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The anticipatory bail application is dismissed as withdrawn upon the petitioner's request.

Summary

The petitioner, Naimullah Ansari, filed an anticipatory bail application under the criminal procedure. During the hearing, he sought permission to withdraw that application and instead surrender to face trial, intending to apply for regular bail. The court granted his request, allowing the withdrawal of the anticipatory bail. Consequently, the anticipatory bail application was dismissed as withdrawn. The judge directed that, upon surrender, the trial court should consider the regular bail application on its merits without prejudice arising from the earlier anticipatory bail filing.

Issues considered

  • Whether a petitioner can withdraw an anticipatory bail application after it has been filed
  • Effect of withdrawal on the petitioner's right to seek regular bail upon surrender

Subjects

  • anticipatory bail
  • withdrawal of bail application
  • regular bail
  • surrender
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79696 of 2025
                  Arising Out of PS. Case No.-37 Year-2025 Thana- MAHILA P.S District- West Champaran
                 ======================================================
                 Naimullah Ansari @ Nimullah Ansari S/o Noor Alam Ansari R/O Village-
                 Jaukatiya Chaubey Tola ward no. 13, Police station- Majhauliya, District-
                 West Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brij Kishor Mishra
                 For the Opposite Party/s :       Mr. Dr.Mrityunjaya Kr.Gautam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER


2   06-01-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                2. Learned counsel for the petitioner after some

                   argument seeks permission to withdraw the anticipatory bail

                   application with liberty to surrender and seek regular bail.

                                3. Permission is accorded.

                                4. The anticipatory bail application of the petitioner is

                   dismissed as withdrawn.

                                5. It is made clear that if 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
             Patna High Court CR. MISC. No.79696 of 2025(2) dt.06-01-2026
                                                         2/2




                       petitioner before this court withdrew his anticipatory bail

                       application.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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