Patna High Court

Md. Mahatab @ Md. MahatavversusThe State of Bihar

Decided: 13 March 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

An anticipatory bail application may be withdrawn at the request of the applicant, and the court may dismiss it as withdrawn.

Summary

The petitioner, Md. Mahatab, was implicated in an excise case (PS Case No. 388 of 2025) and filed an anticipatory bail application before the Patna High Court. The petitioner later approached the court seeking permission to withdraw his anticipatory bail application. The learned counsel for the petitioner argued for withdrawal, and the court considered whether such a withdrawal is permissible. The court held that an applicant may withdraw an anticipatory bail application upon request. Consequently, the court granted permission and dismissed the anticipatory bail application as withdrawn.

Issues considered

Whether an anticipatory bail application can be withdrawn by the applicant

Subjects

anticipatory bail
withdrawal of bail application
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14451 of 2026
                       Arising Out of PS. Case No.-388 Year-2025 Thana- Excise P.S. District- Saharsa
                 ======================================================
                 Md. Mahatab @ Md. Mahatav Son of Marhum Abdul Hamid R/o Machhali
                 Market, Police Station - Saharsa, District - Saharsa.
                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Satish Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Pradeep Narain Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. Learned counsel for the petitioner, after some

                   arguments, seeks permission to withdraw the anticipatory bail

                   application.

                                3. Permission is accorded.

                                4. Accordingly, the anticipatory bail application is

                   dismissed as withdrawn.


                                                                           (Satyavrat Verma, J)

Kundan/-

U     T

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