Patna High Court
Ghanshyam MandalversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application is dismissed as withdrawn, and the trial court shall consider any regular bail application without prejudice.
Summary
Ghanshyam Mandal applied for anticipatory bail in a criminal case (Palasi P.S. Case No. 368 of 2025). After hearing, he requested permission to withdraw the anticipatory bail application and instead surrender to obtain regular bail. The Patna High Court granted the request, dismissed the anticipatory bail application as withdrawn, and directed the trial court to consider his regular bail application on its merits without any prejudice arising from the withdrawal. The order clarifies that the withdrawal does not affect the trial court’s discretion in granting regular bail. The matter was disposed of by dismissing the anticipatory bail application.
Issues considered
- Can an applicant withdraw a pending anticipatory bail application?
- Does withdrawal of anticipatory bail prejudice the trial court when the applicant later seeks regular bail?
Subjects
- anticipatory bail
- withdrawal
- regular bail
- criminal procedure
- surrender
- prejudice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84266 of 2025
Arising Out of PS. Case No.-368 Year-2025 Thana- PALASI District- Araria
======================================================
Ghanshyam Mandal S/o Late Umesh Mandal R/o vill - Dharamganj, Ward
No. 09, P.S.- Palasi, Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Nityanand, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 29-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. Learned counsel for the petitioner, after some
arguments, seeks permission to withdraw this application for
grant of anticipatory bail with liberty to the petitioner to
surrender and seek regular bail.
3. Permission is accorded.
4. Accordingly, this application for grant of
anticipatory bail on behalf of the petitioner is dismissed as
withdrawn in connection with Palasi P.S. Case No. 368 of 2025
pending in the Court of learned District and Additional Sessions
Judge-cum-Exclusive Special Judge, Excise-II, Araria/Successor
Court.
5. It is made clear that if petitioner surrenders and
seeks regular bail, the learned trial court shall consider the case
Patna High Court CR. MISC. No.84266 of 2025(3) dt.29-01-2026
2/2
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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