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Patna High Court

KESHAV KUMARversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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Court held that the petitioner is entitled to withdraw the anticipatory bail application, which is then dismissed as withdrawn.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 Consequently, the anticipatory bail application was dismissed as withdrawn.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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