Patna High Court

Nidhi Devi @ NidhiversusThe State of Bihar

Decided: 27 April 2026
Disposal: WITHDRAWN
Bench: PURNENDU SINGH

Holding

The anticipatory bail application is dismissed as withdrawn, with liberty granted to the petitioners to surrender and seek regular bail before the District Court.

Summary

The petitioners, Nidhi Devi, Ajay Kumar and Manisha Devi, filed an anticipatory bail application in the High Court of Patna. They later sought to withdraw that application, requesting liberty to surrender before the District Court and obtain regular bail. The Court considered the request and allowed the withdrawal of the anticipatory bail. It granted the petitioners liberty to surrender and directed the learned District Court to entertain their regular bail application on the same day. Consequently, the anticipatory bail application was dismissed as withdrawn, and the matter was remanded for regular bail consideration.

Issues considered

Whether an anticipatory bail application can be withdrawn by the petitioners
Whether the petitioners may be granted liberty to surrender and seek regular bail

Subjects

anticipatory bail
withdrawal of bail application
regular bail
surrender
Criminal Procedure Code

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.11487 of 2026
                   Arising Out of PS. Case No.-338 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
                  ======================================================
            1.     Nidhi Devi @ Nidhi W/o Ajay Kumar R/o vill - Daulatabad, P.S.-
                   Mohammdabad/ Mohammabad, Distt.- Ghajipur, U.P.
            2.    Ajay Kumar S/o Binod Ram @ Binod Nut R/o vill - Daulatabad, P.S.-
                  Mohammdabad/ Mohammabad, Distt.- Ghajipur, U.P.
            3.     Manisha Devi W/o Mohan Kumar @ Mohan Ram R/o vill - Jauhurabad,
                   Chaak Janar (Chakjanav), P.S.- Bareshar, Distt.- Ghajipur, U.P.
                                                                                 ... ... Petitioner/s
                                                     Versus
                  The State of Bihar
                                                                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Ajit Kumar Singh, Advocate
                  For the Opposite Party/s :      Mr. Md. Ataur Rahman, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER
3    27-04-2026                       Learned counsel appearing on behalf of the

                    petitioners seeks to withdraw the present bail application with

                    liberty to surrender before the learned District Court and seek

                    regular bail.

                                 2. The present anticipatory bail application stands

                    dismissed as withdrawn with liberty to the petitioners to

                    surrender and seek regular before the learned District Court.

                    Learned District Court is directed to consider the bail

                    application of the petitioners on the same day.



                                               (Purnendu Singh, J)
Niraj/-
U       T

Continue reading with your account

Checking your session…