Created by Fuzzy Cloud

Patna High Court

Sunil NatversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court allowed the withdrawal of the anticipatory bail and directed that regular bail be considered on its own merits.

Summary

Petitioners Sunil and Vijay, accused in a criminal case, filed an anticipatory bail application. They later sought to withdraw that application to obtain regular bail, similar to co-accused who had already been granted regular bail. The court considered their request and, after hearing arguments, permitted the withdrawal of the anticipatory bail. It directed that, upon surrender, the petitioners' regular bail applications be examined on their own merits, without being influenced by the earlier anticipatory bail order. The order effectively allows the petitioners to pursue regular bail independently.

Issues considered

  • Can an anticipatory bail order be withdrawn by the applicant?
  • Should the consideration of regular bail upon surrender be independent of a prior anticipatory bail order?

Subjects

  • anticipatory bail
  • regular bail
  • withdrawal of bail
  • Criminal Procedure Code
  • bail application

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.89339 of 2025
                   Arising Out of PS. Case No.-303 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
                  ======================================================
            1.     Sunil Nat S/o Late Lalan Ram R/o Village - Bishrampur Tola, P.S - Sasaram
                   (M), District - Rohtas
            2.    Vijay Nat S/o Late Sundar Nat R/o Village - Bishrampur Tola, P.S - Sasaram
                  (M), District - Rohtas
                                                                           ... ... Petitioner/s
                                                   Versus
            1.    The State of Bihar
            2.     Diwakar Kumar S/o Manoj Kumar R/o Village - Kodiyarahi, P.S -
                   Bihariganj, District - Madhepura At present Posted as Police Sub Inspector,
                   Sasaram (M), Police Station, District - Rohtas
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Rajani Kant Singh, Adv.
                  For the Opposite Party/s :      Mr.Akshay Lal Pandit, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                        ORAL ORDER
3    24-02-2026                  After some arguments, the counsel for the petitioners

                    seeks permission to withdraw the instant anticipatory bail

                    application to avail the remedy in similar terms which has been

                    availed by the other co-accused persons, who have been allowed

                    regular bail.

                                 2. Be that as it may, prayer is accorded.

                                 3. It is expected that on surrender, the regular bail of

                    the petitioners shall be considered on its own merit without being

                    influenced by the order passed by this Court.


                                                                               (Ajit Kumar, J)
rishi/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.