Patna High Court

Abdul BarikversusThe State of Bihar

Decided: 5 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The Court permitted the withdrawal of the anticipatory bail application and ordered its dismissal as withdrawn, directing that any subsequent regular bail application be considered on its merits without prejudice.

Summary

Abdul Barik applied for anticipatory bail before the Patna High Court. During the hearing, his counsel requested permission to withdraw the anticipatory bail application and instead surrender to obtain regular bail. The Court granted the request, allowing the withdrawal and directing that the anticipatory bail be dismissed as withdrawn. The Court clarified that if the petitioner surrenders and seeks regular bail, the trial court must consider the bail application on its merits without any prejudice arising from the withdrawal. Consequently, the anticipatory bail application was dismissed, and the matter was left for the trial court to decide on regular bail.

Issues considered

Whether a petitioner may be permitted to withdraw an anticipatory bail application.
Whether withdrawal of anticipatory bail prejudices the consideration of a subsequent regular bail application.

Subjects

anticipatory bail
withdrawal
regular bail
criminal procedure
bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88818 of 2025
                        Arising Out of PS. Case No.-1035 Year-2022 Thana- ARARIA District- Araria
                 ======================================================
                 Abdul Barik S/o Kamaluddin R/o Village- Kasibari, P.S- Jokihat, Dist- Araria.
                                                                             ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramesh Kumar Singh
                 For the Opposite Party/s :        Mr. Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Learned counsel for the petitioner after arguing

                   vehemently for some time, realizing his difficulty, seeks

                   permission to withdraw the anticipatory bail application with

                   liberty to surrender and seek regular bail.

                                3. Permission is accorded.

                                4. Accordingly, the anticipatory bail application of the

                   petitioner 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)
amit/-
U      T

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