Patna High Court

Sharvan Ram @ Sharvan KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: WITHDRAWN
Bench: PRABHAT KUMAR SINGH

Holding

The anticipatory bail petition is dismissed as withdrawn, with liberty to the petitioner to surrender and seek regular bail.

Summary

The petitioner, Sharvan Ram, was arrested in connection with an offence under Section 303(2) of the Bhartiya Nayay Sanhita, 2023. He filed an anticipatory bail petition in the Patna High Court. During the hearing, the petitioner’s counsel requested permission to withdraw the anticipatory bail petition and instead surrender before the lower court to seek regular bail. The Court granted the request, allowing the withdrawal. Consequently, the anticipatory bail petition was dismissed as withdrawn, with liberty to the petitioner to surrender and apply for regular bail.

Issues considered

What is the procedure for withdrawing an anticipatory bail petition?
Does the petitioner retain the right to surrender and apply for regular bail after withdrawing anticipatory bail?

Legislation cited

Bhartiya Nayay Sanhita, 2023 — s. 303(2)

Subjects

anticipatory bail
withdrawal of bail petition
regular bail
Section 303(2)
Bhartiya Nayay Sanhita

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.89785 of 2025
                      Arising Out of PS. Case No.-280 Year-2025 Thana- MADANPUR District- Aurangabad
                    ======================================================
                    Sharvan Ram @ Sharvan Kumar S/o Chanresh Ram @ Chandesh Ram @
                    Chandrash Das R/o Village - Bara, P.S - Madanpur, District - Aurangabad
                                                                                ... ... Petitioner/s
                                                       Versus
                    The State of Bihar
                                                                         ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :      Mr.Bindeshwar Prasad Singh
                    For the Opposite Party/s :      Mr.Mithlesh Kumar Khare
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      15-01-2026                     Heard learned counsel for the petitioner and learned

                      A.P.P. for the State.

                                   2. The petitioner apprehends his arrest in Madanpur

                      P.S. Case No. 280 of 2025, registered for offence under Section

                      303(2) of Bhartiya Nayay Sanhita, 2023.

                                   3. However, after some argument, learned counsel for

                      the petitioner seeks permission to withdraw this anticipatory bail

                      petition granting liberty to the petitioner to surrender before the

                      Court below and make a prayer for regular bail.

                                   4. Permission granted.

                                   5. The anticipatory bail petition stands dismissed as

                      withdrawn with liberty, as indicated above.



                                                 (Prabhat Kumar Singh, J)
anay

U        T

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