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Patna High Court

Neeraj Kumar @ Niraj KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court permitted the withdrawal of the anticipatory bail application and dismissed the petition as withdrawn.

Summary

Neeraj Kumar filed an anticipatory bail application before the Patna High Court. He later sought permission to withdraw that application and to surrender to the authorities to obtain regular bail. The Court, after hearing counsel, granted permission to withdraw the anticipatory bail petition and dismissed it as withdrawn, while directing that the petitioner may surrender and apply for regular bail before the District Court. The Court clarified that the District Court must consider the regular bail application on its merits without prejudice for the earlier withdrawal. Thus, the petition was dismissed with liberty to seek regular bail.

Issues considered

  • Whether the petitioner may be permitted to withdraw an anticipatory bail application
  • Whether withdrawal of an anticipatory bail application prejudices a subsequent regular bail application

Subjects

  • anticipatory bail
  • regular bail
  • withdrawal of application
  • Criminal Procedure Code
  • surrender

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.84659 of 2025
                       Arising Out of PS. Case No.-240 Year-2025 Thana- SAUR BAZAR District- Saharsa
                   ======================================================
                   Neeraj Kumar @ Niraj Kumar Son of Maheshwar Yadav Resident of Village-
                   Sakhua, Ward No. 13, P.S.- Sour Bazar, Dist.- Saharsa
                                                                               ... ... Petitioner/s
                                                     Versus
                   The State of Bihar                                ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr.Binod Kumar Sinha
                   For the Opposite Party/s :       Mr.Sanjay Kumar
                   ======================================================
                   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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