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Patna High Court

Ratan Kumar @ Ratnesh Kumar @ Ratnesh RaiversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The appeal is dismissed as withdrawn, with liberty granted to the appellant to file a fresh anticipatory bail application.

Summary

The appellant, Ratan Kumar, filed a criminal appeal seeking anticipatory bail in connection with a case registered at Maner Police Station. During the hearing, the appellant's counsel requested permission to withdraw the appeal and sought liberty to file a fresh anticipatory bail application. The Court examined whether the appeal could be withdrawn at that stage and whether the appellant could be permitted to re‑apply. Finding no impediment, the Court granted the request to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn, with the Court expressly allowing the appellant to file a fresh application for anticipatory bail.

Issues considered

  • Whether an appeal seeking anticipatory bail may be withdrawn by the appellant and the court may grant liberty to file a fresh application?

Subjects

  • anticipatory bail
  • withdrawal of appeal
  • criminal procedure
  • liberty to file fresh application
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5119 of 2025
                         Arising Out of PS. Case No.-227 Year-2024 Thana- MANER District- Patna
                  ======================================================
                  Ratan Kumar @ Ratnesh Kumar @ Ratnesh Rai S/o Lal Babu Ray R/o
                  Mohalla - Tata Colony (Madhopur), P.O and P.S - Maner, District - Patna, Pin
                  - 801108
                                                                             ... ... Appellant
                                                   Versus
             1.    The State of Bihar
             2.    Shyambabu Rajk S/o Late Bangali Rajak Resident of Village - Suarmarwa,
                   P.S - Maner, District - Patna
                                                                         ... ... Respondents
                  ======================================================
                  Appearance :
                  For the Appellant/s     :        Mr.Uday Kumar, Advocate
                  For the Respondent/s    :        Usha Kumari 1, Spl.P.P
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

3    16-02-2026                  Learned counsel for the appellant seeks permission to
                    withdraw this appeal seeking anticipatory bail to the appellant
                    with liberty to file fresh application.
                                2. Permission is granted.
                                 3. This appeal is dismissed as withdrawn with the
                    liberty as above.



                                          (Prabhat Kumar Singh, J)
Shashi

U        T


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