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Patna High Court

Ankit Kumar @ Ankit SahversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court allowed the withdrawal of the anticipatory bail application and dismissed it as withdrawn.

Summary

The petitioners, Ankit Kumar and Aniket Kumar, filed an anticipatory bail application before the Patna High Court. During the hearing, their counsel requested permission to withdraw the application, preferring to surrender and seek regular bail. The Court granted the request, dismissing the anticipatory bail as withdrawn. It clarified that the trial court, upon surrender, must consider the regular bail application on its merits without prejudice from the withdrawn anticipatory bail. Thus, the petitioners may now approach the trial court for regular bail.

Issues considered

  • Whether an anticipatory bail application can be withdrawn at the petitioner's request
  • Effect of withdrawal of anticipatory bail on subsequent regular bail applications

Subjects

  • anticipatory bail
  • withdrawal
  • regular bail
  • Criminal Procedure Code
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89171 of 2025
                  Arising Out of PS. Case No.-993 Year-2025 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
           1.     Ankit Kumar @ Ankit Sah S/o Pannalal Sah Resident of - Gandhipath, P.S -
                  Saharsa Sadar, District - Saharsa
           2.    Aniket Kumar @ Aniket Sah S/o Pannalal Sah Resident of - Gandhipath, P.S
                 - Saharsa Sadar, District - Saharsa

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Chandra Mohan Jha, Advocate
                 For the Opposite Party/s :      Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. Learned counsel for the petitioners after arguing

                   vehemently for sometime realizing his difficulty seeks

                   permission to withdraw the anticipatory bail application with

                   liberty to the petitioners to surrender and seek regular bail.

                                3. Permission is accorded.

                                4. The anticipatory bail application is dismissed as

                   withdrawn.

                                5. It is made clear that if petitioners surrender and

                   seek regular bail, in that event, the learned Trial Court shall

                   consider the case on its own merits without being prejudiced by
               Patna High Court CR. MISC. No.89171 of 2025(2) dt.05-01-2026
                                                           2/2




                         the fact that petitioners before this Court withdrew their

                         anticipatory bail application.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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