Patna High Court
KESHAV KUMARversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to withdraw the anticipatory bail application, which is then dismissed as withdrawn.
Summary
Petitioner Keshav Kumar faced an anticipatory bail application in a criminal miscellaneous case (No.87065 of 2025). He approached the Patna High Court seeking permission to withdraw the anticipatory bail application. The Court, after hearing counsel, granted the request, allowing the withdrawal. Consequently, the anticipatory bail application was dismissed as withdrawn. The Court clarified that if the petitioner later surrenders and applies for regular bail, the district court will consider the matter on its merits without prejudice from the earlier withdrawal, and may even dispose of the case on the surrender date.
Issues considered
- Whether a petitioner may withdraw an anticipatory bail application before the High Court
- Effect of withdrawal of anticipatory bail on subsequent regular bail applications
Subjects
- anticipatory bail
- withdrawal
- regular bail
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87065 of 2025
Arising Out of PS. Case No.-107 Year-2025 Thana- KAMTAUL District- Darbhanga
======================================================
KESHAV KUMAR Son of Jitendra Thakur @ Jitendra Kumar Resident of
village - Brahampur, Police Station - Kamtaul, District - Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ganesh Das S/o- Late Pakauri Das, village- Brahmpur West, P.S.- Kamtaul,
District- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 16-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. Learned counsel for the petitioner, after some
arguments, seeks permission to withdraw the anticipatory bail
application.
3. Permission is accorded.
4. Accordingly, the anticipatory bail application is
dismissed as withdrawn.
5. It is made clear that if the petitioner surrenders and
seeks regular bail, in that event the learned district court shall
consider the case on its own merits without being prejudiced by
the fact that petitioner before this Court withdrew the
Patna High Court CR. MISC. No.87065 of 2025(4) dt.16-03-2026
2/2
anticipatory bail application and if possible, the learned trial
court may consider disposing of the case on the same day, i.e.,
on date of surrender.
(Satyavrat Verma, J)
Sumit/-
U T
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