Patna High Court

Bhawesh paswanversusThe State of Bihar

Decided: 20 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court held that a petitioner may withdraw an anticipatory bail application, and therefore dismissed the application as withdrawn.

Summary

The petitioner, Bhawesh Paswan, filed an anticipatory bail application under the Criminal Procedure Code in connection with a case registered at Mahishi Police Station, Saharsa. During the hearing, the petitioner’s counsel requested permission to withdraw the anticipatory bail application and instead surrender to the authorities to seek regular bail. The court considered whether a petitioner may voluntarily withdraw an anticipatory bail application. It held that a petitioner is entitled to withdraw the application, provided the court is satisfied that the request is made voluntarily and without coercion. Accordingly, the court granted permission to withdraw, dismissed the anticipatory bail application as withdrawn, and allowed the petitioner to surrender and apply for regular bail.

Issues considered

Whether a petitioner may voluntarily withdraw an anticipatory bail application under the Criminal Procedure Code

Subjects

anticipatory bail
withdrawal of application
regular bail
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86489 of 2025
                       Arising Out of PS. Case No.-286 Year-2025 Thana- MAHISHI District- Saharsa
                 ======================================================
                 Bhawesh paswan Son of Late Mol Paswan R/o Village - Pastwar, Ward No. -
                 01, P.S. - Mahishi, Distt. - Saharsa.
                                                                         ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pramod Mishra, Advocate
                 For the Opposite Party/s :        Dr. () Ajeet Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   20-01-2026                  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 the anticipatory bail

                   application with liberty to surrender and seek regular bail.

                                3. Permission is accorded.

                                4. Accordingly, the anticipatory bail application is

                   dismissed as withdrawn.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T

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