Patna High Court

Md. Saiful Sheikh @ Md. ShaifulversusThe State of Bihar

Decided: 17 February 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

A petitioner may withdraw his anticipatory bail application, and the High Court may dismiss it as withdrawn.

Summary

The petitioner, Md. Saiful Sheikh, filed an anticipatory bail application in the High Court of Patna in connection with a criminal case pending before the Chief Judicial Magistrate, Nawada. During the hearing, the petitioner’s counsel sought permission to withdraw the anticipatory bail application. The Court granted the request, allowing the withdrawal and dismissing the anticipatory bail application as withdrawn. The judgment clarified that if the petitioner later surrenders and applies for regular bail, the trial court must consider the bail application on its merits without prejudice for the earlier withdrawal. No other substantive issues were addressed.

Issues considered

Whether a petitioner may withdraw an anticipatory bail application before the High Court

Subjects

anticipatory bail
withdrawal
bail jurisdiction
criminal procedure
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82279 of 2025
                         Arising Out of PS. Case No.-256 Year-2024 Thana- ROH District- Nawada
                 ======================================================
                 Md. Saiful Sheikh @ Md. Shaiful S/o- Late Md. Somar @ Somar Sheikh R/v-
                 Koshi PS - Roh Dist- Nawada
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Pawan Kumar Chaurasia, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-02-2026                  1. Heard learned counsel for the petitioner and
                   learned A.P.P. for the State.
                                2. Learned counsel for the petitioner, after arguing for
                   sometimes, seeks permission to withdraw the anticipatory bail.
                                3. Permission is accorded.
                                4. Accordingly, the anticipatory bail application is
                   dismissed as withdrawn in connection with Roh P.S. Case No.
                   256 of 2024 pending in the Court of learned Chief Judicial
                   Magistrate, Nawada/Successor Court.
                                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)

Kundan/-

U     T

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