Patna High Court

Mukesh Kumar @ Lagara @ LangaraversusThe State of Bihar

Decided: 13 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The Court allowed the petitioner to withdraw the anticipatory bail application and dismissed the petition.

Summary

Mukesh Kumar filed an anticipatory bail application before the Patna High Court. He later sought permission to withdraw that application and to surrender, intending to apply for regular bail. The Court granted the request to withdraw the anticipatory bail and dismissed the petition. It clarified that the District Court, upon his surrender, must consider his regular bail application on its merits without prejudice. Thus, the petitioner may now seek regular bail in the trial court.

Issues considered

Whether an anticipatory bail application can be withdrawn by the petitioner.
What effect, if any, the withdrawal of an anticipatory bail application has on a subsequent regular bail application.

Subjects

anticipatory bail
withdrawal
regular bail
criminal procedure
high court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.81521 of 2025
                       Arising Out of PS. Case No.-204 Year-2025 Thana- SONBERSA District- Sitamarhi
                   ======================================================
                   Mukesh Kumar @ Lagara @ Langara son of Shatrudhan Mahto Resident of
                   Village and P.S.- Sonbarsa, Dist- Sitamarhi
                                                                         ... ... Petitioner/s
                                                        Versus
                   The State of Bihar                           ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr. Ashok Kumar Jha
                   For the Opposite Party/s :       Dr. Indiwar Kumari
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                         ORAL ORDER

2     13-01-2026                  1. Heard learned counsel for the petitioner and learned

                     A.P.P. for the State.

                                  2. The learned counsel for the petitioner, after some

                     argument, seeks permission to withdraw the present anticipatory bail

                     application with liberty to the petitioner to surrender and seek regular

                     bail.

                                  3. Permission is accorded.

                                  4. Accordingly, instant petition is dismissed as withdrawn

                     with the liberty aforesaid.

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

                     regular bail, in that event, the learned District Court shall consider

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

                     petitioner before this Court withdrew the anticipatory bail

                     application.


                                                (Satyavrat Verma, J)
vikash/-
U        T

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