Patna High Court

Amarjeet Ram @ Amarjeet KumarversusThe State of Bihar

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Disposal: WITHDRAWN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

Holding

The Court allowed the withdrawal of the anticipatory bail application and dismissed it as withdrawn.

Summary

Amarjeet Ram applied for anticipatory bail in a criminal case arising from PS Sarairanjan. During proceedings, he sought permission to withdraw the anticipatory bail application and to surrender, intending to apply for regular bail. The Court, after hearing counsel, granted permission to withdraw the anticipatory bail and dismissed the application as withdrawn. It clarified that the trial court, when hearing the regular bail application, must consider the merits without prejudice from the withdrawal. Thus, the petitioner may now surrender and seek regular bail, and the trial court will decide afresh.

Issues considered

Whether an anticipatory bail application can be withdrawn by the applicant and, if so, what effect its withdrawal has on any subsequent regular bail application.

Subjects

anticipatory bail
withdrawal
regular bail
criminal procedure
bail

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.80546 of 2025
                   Arising Out of PS. Case No.-92 Year-2023 Thana- SARAI RANJAN District- Samastipur
                  ======================================================
                  Amarjeet Ram @ Amarjeet Kumar S/O Sunil Ram R/O Village- Manika
                  Vishanpur (Kalisthan), P.S- Sarairanjan, Distt.- Samastipur.
                                                                               ... ... Petitioner/s
                                                      Versus
             1.    The State of Bihar
             2.    Jivu Mahto S/O Late Lakhan Mahto R/O Village- Manika (Bujurg), P.O and
                   P.S- Sarairanjan, Distt.- Samastipur.
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Abhay Kumar
                  For the Opposite Party/s :      Mr. Raj Ballabh Singh
                  ======================================================
                  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 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
                    petitioner before this court withdrew his anticipatory bail
                    application.



                                                            (Satyavrat Verma, J)
amit/-

U        T

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