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Patna High Court

Lovely AnandversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court permitted the petitioner to withdraw the High Court petition and dismissed the application as withdrawn.

Summary

The petitioner, Lovely Anand, filed an application before the Patna High Court seeking anticipatory bail in connection with a 2000 criminal case, alleging that the counsel had filed the petition without first approaching the Sessions Court. The petitioner later requested permission to withdraw the High Court petition and instead pursue anticipatory bail before the Sessions Court. The learned Senior Counsel argued that the filing was premature and sought liberty to approach the lower court. The Court examined whether a petition for anticipatory bail could be filed directly in the High Court without prior recourse to the Sessions Court. It held that the petitioner could be allowed to withdraw the petition and approach the appropriate forum. Consequently, the Court granted permission to withdraw and dismissed the application as withdrawn.

Issues considered

  • Whether a petition for anticipatory bail can be filed directly in the High Court without first approaching the Sessions Court
  • Whether the petitioner is entitled to withdraw the High Court petition and seek liberty to file before the Sessions Court

Subjects

  • anticipatory bail
  • procedural jurisdiction
  • withdrawal of petition
  • criminal procedure
  • high court jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15708 of 2026
                   Arising Out of PS. Case No.-54 Year-2000 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Lovely Anand W/O Anand Mohan Singh @ Anand Mohan Village- Gokul
                 Chowk, Gangjala, Anand Bhawan, Ward No. 18, Police Station- Saharsa
                 Sadar, District- Saharsa, PIN Code 852201, Bihar

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeev Mishra, Sr. Advocate
                                                 Mr.Ankit Kumar Singh, Advocate
                                                 Ms. Ankita Kumari, Advocate
                                                 Ms. Ankita Kumari, Advocate
                                                 Ms. Bulbul Kumari, Advocate
                 For the Opposite Party/s :      Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                    Learned Sr. Counsel for the petitioner and learned

                   APP for the State are present are present.

                                 2. After some arguments, learned Senior Counsel for

                   the petitioner submits that, under ill advice, the counsel on

                   record, without approaching the Sessions Court has directly

                   moved this Hon’ble High Court for anticipatory bail against the

                   rejection order of the year 2001. Therefore, he seeks permission

                   to withdraw the present petition to file anticipatory bail in

                   connection with Saharsa P.S. Case No. 54 of 2000, pending

                   before the learned A.C.J.M.-I, Saharsa, with liberty to move

                   before the learned Sessions Court, Saharsa.

                                 3. Permission is granted.
            Patna High Court CR. MISC. No.15708 of 2026(2) dt.25-03-2026
                                                        2/2




                                   4. Accordingly, the present application stands

                      dismissed as withdrawn with the aforesaid liberty.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T


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