Patna High Court
Lovely AnandversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANSHUMAN
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The Court permitted the petitioner to withdraw the High Court petition and dismissed the application as withdrawn.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 Consequently, the Court granted permission to withdraw and dismissed the application as withdrawn.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
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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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