Patna High Court
Sunil NatversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- AJIT KUMAR
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- Can an anticipatory bail order be withdrawn by the applicant?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
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