Patna High Court
Md. Fuchka @ Gulam Nustafa @ Gulam Muastafa RaiversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
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- Whether an anticipatory bail application can be withdrawn by the petitioner.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withdrawn with the liberty aforesaid.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/-
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