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Patna High Court

Vikram KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court held that an anticipatory bail application may be withdrawn, and the petitioner may surrender and seek regular bail, which the lower court must consider on its merits without prejudice.

Summary

Vikram Kumar filed an anticipatory bail application before the Patna High Court. He later approached the Court seeking permission to withdraw that application and to surrender, requesting regular bail thereafter. The Court allowed the withdrawal, dismissed the anticipatory bail as withdrawn, and directed that if the petitioner surrenders, the district court should consider his regular bail application on its merits without prejudice due to the withdrawal. The order clarifies that withdrawal of anticipatory bail does not bar the petitioner from seeking regular bail. The decision was pronounced by Justice Satyavrat Verma on 6 January 2026.

Issues considered

  • Whether an applicant can withdraw an anticipatory bail application after filing it
  • Whether withdrawal of anticipatory bail precludes the petitioner from seeking regular bail upon surrender

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80674 of 2025
                     Arising Out of PS. Case No.-24 Year-2025 Thana- MAHILA P.S. District- Sitamarhi
                 ======================================================
                 Vikram Kumar S/o- Vinod Sah @ Binod Sah Village- Mujaulia @ Mujauliya
                 ward no. 11, P.S.- Bela, Dist.- Sitamarhi

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Sangita Kumari D/o- Indal Thakur R/v- Subhai Po- Premnagar Ps- Dumra
                 Dist- Sitamarhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Santosh Kumar
                 For the Opposite Party/s :        Mr.Chandra Sen Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   learned APP for the State.

                             2.    Learned counsel for the petitioner, after some

                   arguments, 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
              Patna High Court CR. MISC. No.80674 of 2025(2) dt.06-01-2026
                                                          2/2




                        the fact that petitioner before this Court withdrew the

                        anticipatory bail application.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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