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Patna High Court

Ramaswhish Sharma @ Raushan Sharma @ Ramashish SharmaversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court held that an anticipatory bail application may be withdrawn upon the petitioner's request.

Summary

The petitioners filed an anticipatory bail application in a criminal miscellaneous case. While the application was pending, the petitioners were arrested. Their counsel then sought the court's permission to withdraw the anticipatory bail application, arguing that it had become infructuous. The court examined the request and found no legal impediment to allowing the withdrawal. Consequently, the court granted permission to withdraw and dismissed the application as withdrawn.

Issues considered

  • Can an anticipatory bail application be withdrawn after the petitioner has been arrested?

Subjects

  • anticipatory bail
  • withdrawal
  • criminal procedure
  • bail
  • arrest

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.11725 of 2026
                    Arising Out of PS. Case No.-1910 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE
                                                      District- Samastipur
                   ======================================================
                   Ramaswhish Sharma @ Raushan Sharma @ Ramashish Sharma S/O Shashit
                   Sharma @ Lalu Sharma Resident of Village- Panshiha, P.O.- Ughra, P.S.-
                   Bahadurpur, Dist.- Darbhanga
                                                                        ... ... Petitioner/s
                                                Versus
              1.    The State of Bihar
              2.    Ravina Kumari D/O Nageshwar Thakur R/O Vill.- Malinagar, Thahara, P.S.-
                    Chakmehsi, Dist.- Samastipur
                                                                    ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :     Mr. Raja Ram Mishra, Advocate
                   For the Opposite Party/s :     Mr. Ajay Kumar No. 2, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                         ORAL ORDER

3     22-04-2026                  Heard learned counsel for the petitioner and learned

                     APP for the State.

                                  2. Learned counsel for the petitioner submits that the

                     anticipatory bail application of the petitioner has become

                     infructuous as the petitioner has been arrested during the

                     pendency of this application. Hence, he seeks permission to

                     withdraw the present application.

                                  3. Permission is accorded.

                                  4. Accordingly, the present application is dismissed as

                     withdrawn.



                                                (Praveen Kumar, J)
Jyoti/-

U         T


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