Patna High Court
Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
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The Court held that an anticipatory bail application may be withdrawn, and the petitioner may surrender and seek regular bail, which the lower court must consider on its merits without prejudice.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 The Court allowed the withdrawal, dismissed the anticipatory bail as withdrawn, and directed that if the petitioner surrenders, the district court should consider his regular bail application on its merits without prejudice due to the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dismissed as withdrawn with the liberty aforesaid.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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