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Patna High Court

Sunil Mahto @ Sunil Kumar MahtoversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The appeal for anticipatory bail was dismissed as infructuous because the appellant was already in custody.

Summary

The appellant Sunil Mahto filed a criminal appeal seeking anticipatory bail in a case pending before the Special Judge, SC/ST, Vaishali. During the hearing, counsel for the appellant requested permission to withdraw the appeal, stating that the appellant had already been arrested. The court considered whether the appeal for anticipatory bail could proceed after the appellant’s arrest. Finding that the purpose of anticipatory bail was no longer applicable, the court held the appeal to be infructuous. Consequently, the appeal was dismissed. No further orders were made.

Issues considered

  • Whether an appeal for anticipatory bail can be entertained when the appellant has already been arrested

Subjects

  • anticipatory bail
  • withdrawal of appeal
  • criminal procedure
  • SC/ST court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.268 of 2026
                         Arising Out of PS. Case No.-12 Year-2025 Thana- SC/ST District- Vaishali
                 ======================================================
                 Sunil Mahto @ Sunil Kumar Mahto S/O Late Vijay Mahto Resident of
                 Village- Nayagaon (West), P.S.- Desari, District- Vaishali at Hajipur
                                                                               ... ... Appellant/s
                                                    Versus
           1.     The State of Bihar
           2.     Chandan Kumar S/O Wakil Ram Resident of Village- Nayagaon, Saini
                  Pokhar, P.S.- Desari, District- Vaishali at Hajipur
                                                                      ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Ms. Sudha, Advocate
                 For the Respondent/s     :        Ms. Usha Kumari No. 1, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026                  1. Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                                2. Learned counsel for the appellant seeks permission to

                   withdraw this appeal as the sole appellant, namely, Sunil Mahto @

                   Sunil Kumar Mahto has already been arrested in this case.

                                3. Accordingly, this appeal on behalf of the appellant for

                   grant of anticipatory bail stands dismissed as infructuous in

                   connection with Hajipur SC/ST P.S. Case No. 12 of 2025 pending in

                   the Court of learned Exclusive Special Judge, SC/ST, Vaishali at

                   Hajipur/Successor Court.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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