Patna High Court
Sanjay KumarversusThe State Of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The petition for anticipatory bail is dismissed as withdrawn.
Summary
Petitioner Sanjay Kumar applied for anticipatory bail in a liquor‑related case (Bairiya PS Case No. 239 of 2021). The State opposed, pointing out discrepancies between the FIR and the prosecution’s version in the impugned order. The petitioner’s counsel sought permission to withdraw the anticipatory bail application and re‑file after seeking modification of the order dated 02‑09‑2025 or before the District Court. The Court granted permission to withdraw the application. Consequently, the petition was dismissed as withdrawn.
Issues considered
- Whether anticipatory bail should be granted in the present liquor case
- Whether the petitioner may withdraw the anticipatory bail application and re‑file
Subjects
- anticipatory bail
- withdrawal of application
- criminal procedure
- liquor case
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17338 of 2026
Arising Out of PS. Case No.-239 Year-2021 Thana- BAIRIYA District- West Champaran
======================================================
Sanjay Kumar S/O Hiranand Prasad R/O Vill.- Suryapur Tola Gadiyani, P.S-
Shrinagar, District- West Champaran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Kishor Mishra
For the Opposite Party/s : Mr.Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The learned counsel for the petitioner submits that
petitioner is seeking anticipatory bail in a case relating to liquor
in connection with Bairiya P. S. Case No. 239 of 2021.
3. The learned A.P.P. submits that Bairiya P. S. Case
No. 239 of 2021 is annexed as Annexure-1, but then, from
perusal of the allegation as alleged in the FIR, it would manifest
that the prosecution story as recorded in the order impugned is
different.
4. After the submission was made by the learned
A.P.P., the learned counsel appearing on behalf of the petitioner
also submitted that it appears that the prosecution story as
recorded in the order impugned is different from the prosecution
Patna High Court CR. MISC. No.17338 of 2026(2) dt.19-03-2026
2/2
story alleged in the FIR, the learned counsel for the petitioner
thus seeks permission to withdraw the present anticipatory bail
application with liberty to file afresh after seeking modification
in the order impugned dated 02.09.2025 in ABP No.2121 of
2025 or by moving afresh before the learned District Court
seeking anticipatory bail.
5. Permission is accorded.
6. Accordingly, instant petition is dismissed as
withdrawn.
(Satyavrat Verma, J)
vikash/-
U T
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