Patna High Court

Bihari KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court allowed the petitioner to withdraw the anticipatory bail application and dismissed it as withdrawn.

Summary

Bihari Kumar filed an anticipatory bail application under the Criminal Procedure Code. During the hearing, he sought to withdraw that application and instead surrender to the trial court to seek regular bail. The petitioner’s counsel requested permission for withdrawal, and the court granted it. The anticipatory bail application was dismissed as withdrawn. The court clarified that the trial court must consider any regular bail application on its merits without prejudice for the earlier withdrawal.

Issues considered

Whether an anticipatory bail application can be withdrawn by the petitioner
What effect, if any, the withdrawal has on 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.91260 of 2025
                      Arising Out of PS. Case No.-415 Year-2025 Thana- BAKHARI District- Begusarai
                 ======================================================
                 Bihari Kumar S/o- Siyaram Tanti @ Siyoram Tanti @ Siyaram Pandit R/o
                 Village - Ismail Nagar Ward No. - 8 Bakhri, PS - Bakhri, District - Begusarai
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sandip Kumar Gautam, Advocate
                 For the Opposite Party/s :        Mr. Nityanand, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                  1. Heard learned counsel for the petitioner and
                   learned A.P.P. for the State.
                                2. Learned counsel for the petitioner, after some
                   arguments, seeks permission to withdraw the anticipatory bail
                   application with liberty to the petitioner to surrender and seek
                   regular bail.
                                3. Permission is accorded.
                                4. Accordingly, the anticipatory bail application is
                   dismissed as withdrawn.
                                5. 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.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T

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