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Patna High Court

Md. Fuchka @ Gulam Nustafa @ Gulam Muastafa RaiversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court allowed the petitioner to withdraw the anticipatory bail application and dismissed the petition.

Summary

The petitioner, Md. Fuchka, filed an anticipatory bail application before the Patna High Court. He later approached the Court seeking permission to withdraw that application and to surrender, intending to apply for regular bail. The learned counsel argued the petitioner's difficulty in continuing with the anticipatory bail. The Court granted permission to withdraw the anticipatory bail application and dismissed the petition, allowing the petitioner to surrender and seek regular bail. It clarified that the District Court, when hearing the regular bail application, must consider the matter on its merits without prejudice for the earlier withdrawal.

Issues considered

  • Whether an anticipatory bail application can be withdrawn by the petitioner.
  • Whether withdrawal of anticipatory bail affects the consideration of a subsequent regular bail application.

Subjects

  • anticipatory bail
  • withdrawal
  • regular bail
  • criminal procedure
  • surrender

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90259 of 2025
                     Arising Out of PS. Case No.-218 Year-2025 Thana- FORBESGANJ District- Araria
                 ======================================================
                 Md. Fuchka @ Gulam Nustafa @ Gulam Muastafa Rai Son of Md. Abru @
                 Late Abrun Rai Resident of village - Lachminia, Ward No.- 14, P.S.-
                 Lalitgram, Dist.- Supaul

                                                                                  ... ... 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.Ganesh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-02-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The learned counsel for the petitioner, after

                   arguing vehemently for sometimes realizing his difficulty,

                   seeks permission to withdraw the present anticipatory bail

                   application with liberty to the petitioner to surrender and

                   seek regular bail.

                                3. Permission is accorded.

                                4. Accordingly, instant petition is dismissed as

                   withdrawn with the liberty aforesaid.

                                5. It is made clear that if petitioner surrenders and

                   seeks regular bail, in that event, the learned District Court
               Patna High Court CR. MISC. No.90259 of 2025(2) dt.18-02-2026
                                                           2/2




                         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)
vikash/-

U          T


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