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Patna High Court

Hariom SinghversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The anticipatory bail application is dismissed as withdrawn, and the petitioner may surrender and seek regular bail without prejudice.

Summary

Hariom Singh filed an anticipatory bail application in the Patna High Court. During the hearing, he sought permission to withdraw the application and instead surrender to the trial court to seek regular bail. The Court granted permission to withdraw, emphasizing that the trial court must consider his regular bail application on its merits without prejudice for the prior withdrawal. Consequently, the anticipatory bail application was dismissed as withdrawn, allowing the petitioner to surrender and apply for regular bail. The order clarifies that withdrawal does not affect the trial court's discretion in granting regular bail.

Issues considered

  • Whether an anticipatory bail application can be withdrawn by the petitioner
  • Whether withdrawal of anticipatory bail prejudices the trial court's consideration of a subsequent regular bail application

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90312 of 2025
                     Arising Out of PS. Case No.-139 Year-2025 Thana- JAMOBAZAR District- Siwan
                 ======================================================
                 Hariom Singh S/O Rajesh Kumar Singh Resident of Village Khulasa,
                 Madhopur, Goriakhothi, Police Station - Jamo Bazar, District - Siwan.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Umesh Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr. Ram Anurag Singh, APP
                 For the Informant        :      Mr. Mani Bhushan Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   APP for the State and the learned counsel appearing on behalf of

                   the informant.

                                2. The learned counsel for the petitioner, after arguing

                   vehemently for some times realizing his difficulty, seeks

                   permission to withdraw the anticipatory bail application with

                   liberty to surrender and seek regular bail.

                                3. Permission is accorded.

                                4. It is made clear that if the petitioner surrenders and

                   seeks regular bail, the learned Trial Court shall consider the case

                   on its own merit without being prejudiced by the fact that

                   petitioner, before this Court, withdrew his anticipatory bail

                   application.
            Patna High Court CR. MISC. No.90312 of 2025(2) dt.18-02-2026
                                                        2/2




                                   5. Accordingly, the instant anticipatory bail

                      application is dismissed as withdrawn with the liberty

                      aforesaid.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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