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Patna High Court

Shankar SahversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The anticipatory bail application is dismissed as withdrawn upon the Court's permission to withdraw.

Summary

Shankar Sah and Vijay Sah filed an anticipatory bail application before the Patna High Court. During the pendency of the application, the police arrested both petitioners. Their counsel then applied for permission to withdraw the anticipatory bail application. The Court, after hearing the parties, granted the request and dismissed the anticipatory bail as withdrawn. The Court further directed the return of all certified copies filed with the application, except the vakalatnama, to the petitioners' counsel. No substantive discussion on the merits of bail was undertaken.

Issues considered

  • Whether an anticipatory bail application can be withdrawn by the applicants after they have been arrested

Subjects

  • anticipatory bail
  • withdrawal
  • arrest
  • criminal procedure
  • high court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.10702 of 2026
                       Arising Out of PS. Case No.-231 Year-2025 Thana- KRITYANAND NAGAR District-
                                                             Purnia
                    ======================================================
               1.    Shankar Sah S/o- Late Prakash sah R/v- Rahika Tola Baghmara Ps- K.
                     Nagar Dist- Purnea
               2.    Vijay Sah S/o- Late Prakash Sah R/v- Rahika Tola Baghmara Ps- K. Nagar
                     Dist- Purnea
                                                                               ... ... Petitioner/s
                                                      Versus
                    The State of Bihar
                                                                        ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :      Mr. Nishant Kumar Sinha, Advocate
                    For the Opposite Party/s :      Mr. Ramesh Chandra, APP
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                          ORAL ORDER

2     24-02-2026                   Heard learned counsel for the petitioners and learned
                      APP for the State.
                                   2. Learned counsel for the petitioners seeks permission
                      to withdraw the instant anticipatory bail application as the
                      petitioners have already been arrested by the police during
                      pendency of the same.
                                   3. Permission is accorded.
                                   4. The instant anticipatory bail application is dismissed
                      as withdrawn.
                                   5. The office is directed to return all the certified copies
                      annexed with the anticipatory bail application except Vakalatnama
                      to the learned counsel appearing on behalf of the petitioners.


                                                 (Satyavrat Verma, J)

Sanjay/-

U          T


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