Created by Fuzzy Cloud

Patna High Court

Sanjay KumarversusThe State Of Bihar

Decided
Disposal
WITHDRAWN

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The petition for anticipatory bail is dismissed as withdrawn.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 Consequently, the petition was dismissed as withdrawn.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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.