Patna High Court

Sonu Singh @ Vikash Kumar SinghversusThe State of Bihar

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Disposal: WITHDRAWN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

Holding

The anticipatory bail application is dismissed as withdrawn, and the petitioner may surrender and seek regular bail without prejudice.

Summary

Petitioner Sonu Singh, arrested in an excise case, filed an anticipatory bail application under the Criminal Procedure Code. During the hearing, he requested to withdraw the anticipatory bail and instead surrender to the trial court to seek regular bail. The High Court permitted the withdrawal, dismissing the anticipatory bail application as withdrawn. The Court clarified that the trial court must consider the regular bail application on its merits without prejudice for the earlier anticipatory bail filing. Thus, the petitioner may surrender and apply for regular bail, and the anticipatory bail proceedings are terminated.

Issues considered

Whether an anticipatory bail application can be withdrawn by the petitioner.
Whether withdrawal of anticipatory bail prejudices the petitioner’s right to obtain regular bail upon surrender.

Subjects

anticipatory bail
withdrawal
regular bail
Criminal Procedure Code
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91272 of 2025
                     Arising Out of PS. Case No.-222 Year-2025 Thana- Excise P.S. District- Madhepura
                 ======================================================
                 Sonu Singh @ Vikash Kumar Singh S/o- Sanoj Singh @ Sanoj Kumar Singh
                 R/o Village- Rampatti Ward no -8 PS- Singheshwar, Dist- Madhepura
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Md. Anzarul Haque Sahara, 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 arguing
                   vehemently for some times, 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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