Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application is dismissed as withdrawn.
Summary
Four brothers, Pramod Kumar, Sonam Kumar, Sujit Kumar and Vijay Prasad, filed an anticipatory bail application before the Patna High Court. During the hearing, counsel for the petitioners expressed difficulty in continuing the case and sought permission to withdraw the application. The court granted permission to withdraw and dismissed the anticipatory bail application as withdrawn. The judgment clarified that if the petitioners later surrender and apply for regular bail, the trial court must consider the application on its merits without prejudice. No substantive merits of the bail request were examined as the petition was withdrawn.
Issues considered
- Can an anticipatory bail application be withdrawn by the petitioners during proceedings?
- Does withdrawal of an anticipatory bail application affect the petitioners' right to seek regular bail later?
Subjects
- anticipatory bail
- withdrawal
- criminal procedure
- bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88474 of 2025
Arising Out of PS. Case No.-102 Year-2025 Thana- KADIRGANJ District- Patna
======================================================
1. Pramod Kumar S/o- Vijay Prasad Village- Balapar PS- Dhanarua Distt-
Patna
2. Sonam Kumar S/o- Vijay Prasad @ Shailendra Kumar Village- Balapar PS-
Dhanarua Distt- Patna
3. Sujit Kumar S/o- Vijay Prasad Village- Balapar PS- Dhanarua Distt- Patna
4. Vijay Prasad S/o- Late Gorakh Prasad Village- Balapar PS- Dhanarua Distt-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajanan Mishra, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 31-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Learned counsel for the petitioners after arguing for
sometimes, realizing his difficulty, seeks permission to
withdraw this anticipatory bail application.
3. Permission is accorded.
4. The instant anticipatory bail application is
dismissed as withdrawn.
5. It is made clear that if petitioners surrender and
seek regular bail, the learned Trial Court shall consider the case
on its own merit without being prejudiced by the fact that
Patna High Court CR. MISC. No.88474 of 2025(3) dt.31-01-2026
2/2
petitioners before this Court withdrew their anticipatory bail
application.
(Satyavrat Verma, J)
Sanjay/-
U T
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