Patna High Court
Md. JahidversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
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The court allowed the petitioner to withdraw the anticipatory bail application and dismissed it as withdrawn.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 The anticipatory bail application was dismissed as withdrawn.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- Whether an anticipatory bail application can be withdrawn by the petitioner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dismissed as withdrawn.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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