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Patna High Court

Md. JahidversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court allowed the petitioner to withdraw the anticipatory bail application and dismissed it as withdrawn.

Summary

The petitioner, Md. Jahid, filed an anticipatory bail application before the Patna High Court. He later sought permission to withdraw that application and to surrender to the trial court to seek regular bail. The learned counsel argued for withdrawal, and the court granted the request. The anticipatory bail application was dismissed as withdrawn. The court clarified that the trial court, upon the petitioner's surrender, must consider the regular bail application on its merits without prejudice for the earlier withdrawal.

Issues considered

  • Whether an anticipatory bail application can be withdrawn by the petitioner
  • What effect, if any, the withdrawal of an anticipatory bail application has on the consideration of a subsequent regular bail application

Subjects

  • anticipatory bail
  • withdrawal
  • regular bail
  • criminal procedure
  • surrender
  • high court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.88500 of 2025
                          Arising Out of PS. Case No.-97 Year-2021 Thana- JOKIHAT District- Araria
                   ======================================================
                   Md. Jahid S/o Abdul Jabbar Kazi Resident of Village- Narayanpur, West
                   Beraberi, Imam Baragoli, P.S.- Narayanpur, Vidhan Nagar, District- North 24
                   Pargana, Rajarhat, Gopalpur, West Bengal
                                                                              ... ... Petitioner/s
                                                     Versus
                   The State of Bihar
                                                                       ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr. Md Naushaduzzoha, Advocate
                   For the Opposite Party/s :       Mr. Madan Kumar, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                         ORAL ORDER

2     17-01-2026                   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     instant
                     anticipatory bail application with liberty to the petitioner to
                     surrender and seek regular bail.
                                   3. Permission is accorded.
                                   4. The instant anticipatory bail application is
                     dismissed as withdrawn.
                                   5. It is made clear that if petitioner surrenders and
                     seeks regular bail, the learned Trial Court shall consider the case
                     on its own merit without being prejudiced by the fact that
                     petitioner before this Court withdrew his anticipatory bail
                     application.


                                                (Satyavrat Verma, J)

Sanjay/-

U          T


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