Patna High Court
Neeraj Kumar @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
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The Court permitted the withdrawal of the anticipatory bail application and dismissed the petition as withdrawn.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 The Court, after hearing counsel, granted permission to withdraw the anticipatory bail petition and dismissed it as withdrawn, while directing that the petitioner may surrender and apply for regular bail before the District Court.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 Accordingly, instant petition is dismissed as withdrawn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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