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Patna High Court

Rohit Singh @ Rohit KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court held that a petitioner may withdraw an anticipatory bail application and surrender to seek regular bail.

Summary

Rohit Singh filed an anticipatory bail application in a criminal case arising from PS Dighwara, Saran. He later sought permission to withdraw that application and instead surrender to obtain regular bail. The court, after hearing counsel for both parties and the investigating officers, granted the petitioner's request to withdraw the anticipatory bail. Consequently, the anticipatory bail application was dismissed as withdrawn, and the petitioner was allowed to surrender and apply for regular bail. No further orders were made regarding the police officers' presence.

Issues considered

  • Whether an anticipatory bail application can be withdrawn by the petitioner
  • Whether the court can permit surrender and regular bail after withdrawal

Subjects

  • anticipatory bail
  • withdrawal
  • regular bail
  • criminal procedure
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86436 of 2025
                       Arising Out of PS. Case No.-417 Year-2024 Thana- DIGHWARA District- Saran
                 ======================================================
                 Rohit Singh @ Rohit Kumar S/O Chandan Singh R/O Village- Bela, P.S-
                 Dariyapur, Distt.- Saran.
                                                                     ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Varun Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sunil Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   05-02-2026                  1. Heard learned counsel for the petitioner, learned A.P.P.
                   for the State and learned counsel appearing on behalf of the
                   informant.
                                2. The Station House Officer, Dighwara Police Station
                   and the Investigating Officer of the case, in compliance of the order
                   dated 04.02.2026, are present in the Court.
                                3. Learned counsel appearing on behalf of the petitioner,
                   after some argument, seeks permission to withdraw the anticipatory
                   bail application with liberty to the petitioner to surrender and seek
                   regular bail.
                                4. Permission is accorded.
                                5. Accordingly, the anticipatory bail application is
                   dismissed as withdrawn.
                                6. The personal appearance of the Station House Officer,
                   Dighwara Police Station and the Investigating Officer of the case is
                   dispensed with.


                                                                        (Satyavrat Verma, J)

Kundan/-

U     T


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