Patna High Court
Pankaj Kumar Jha @ Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The Court held that an anticipatory bail application may be withdrawn and its dismissal does not prejudice the petitioner’s right to seek regular bail.
Summary
The petitioner, Pankaj Kumar Jha, filed an anticipatory bail application before the Patna High Court. During the hearing, his counsel sought permission to withdraw the application, stating the petitioner would surrender and apply for regular bail. The Court granted permission to withdraw and dismissed the anticipatory bail application as withdrawn. It clarified that the petitioner’s surrender and subsequent regular bail application will be considered by the trial court on its merits without any prejudice arising from the withdrawal. No further substantive issues were addressed.
Issues considered
- Whether an anticipatory bail application can be withdrawn by the petitioner
- Whether withdrawal of anticipatory bail prejudices the petitioner’s right to obtain regular bail
Subjects
- anticipatory bail
- withdrawal
- regular bail
- criminal procedure
- high court
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86163 of 2025
Arising Out of PS. Case No.-66 Year-2025 Thana- SAKATPUR District- Darbhanga
======================================================
Pankaj Kumar Jha @ Pankaj Kumar Son of Parmanand Jha Resident of
Village - Kurso Nadiyame, P.S.- Sakatpur, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Prafull Chandra Thakur, Advocate
Mrs. Madhu Mala Kumari, Advocate
For the State : Mr. Nitya Nand Tiwary, APP
For the Informant : Mrs. Namita Sharma, Advocate
Mr. Anshu Dhar Sharma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner, learned APP
for the State as well as learned counsel appearing on behalf of
the informant.
2. Learned counsel for the petitioner, after arguing
vehemently for sometime, realizing his difficulty seeks
permission to withdraw the instant anticipatory bail application
with liberty to the petitioner to surrender and seek regular bail.
3. Permission is accorded.
4. The instant anticipatory bail application is
dismissed as withdrawn.
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.86163 of 2025(2) dt.19-01-2026
2/2
on its own merits without being prejudiced by the fact that
petitioner before this Court withdrew the anticipatory bail
application.
(Satyavrat Verma, J)
Sanjay/-
U T
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