Patna High Court
Aamir KhanversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The Court permitted the withdrawal of the anticipatory bail application and dismissed the petition as withdrawn.
Summary
The petitioners, Aamir Khan and Md. Mallik Mia, feared arrest in connection with a criminal case (Bairgania PS Case No.12 of 2026) involving offences under the Bhartiya Nyaya Sanhita, 2023. They asserted a clean antecedent and contended that the police, having issued a notice under section 35(3) of the BNSS, decided not to arrest them. Consequently, they sought the Court's permission to withdraw their anticipatory bail application, while reserving the right to file a fresh application if needed. The learned counsel for the State opposed the withdrawal. Justice Satyavrat Verma allowed the withdrawal of the anticipatory bail application. The petition was thereafter dismissed as withdrawn.
Issues considered
- Whether the petitioner may be permitted to withdraw the anticipatory bail application after a notice under section 35(3) of the Bhartiya Nyaya Sanhita, 2023 has been served
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126, 303(2), 3(5), 351(2), 352, 35(3)
Subjects
- anticipatory bail
- withdrawal of bail application
- section 35(3) BNSS
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17921 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- BARGAINIA District- Sitamarhi
======================================================
1. Aamir Khan S/O Kasim Khan R/O Village- Bhakurahar, P.S- Bairgania,
Distt.- Sitamarhi. At present R/O H.No. 256, Jhuggi Block-G, Jahangir Puri,
Adarsh Nagar, North West Delhi, N.S. Mandi Delhi.
2. Md. Mallik Mia @ Kaushar Mallik @ Kausher Malik S/O Mohammad
Khurshid Alam R/O Village- Fulwariya, P.S- Dhaka, Distt.- East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aditya Kumar Pandey
For the Opposite Party/s : Mr.Renuka Ratanakar (App125)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Bairgania P.S. Case No. 12 of 2026 for the offence
punishable under Sections 126, 115(2), 109, 303(2), 352,
351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and the informant
alleges that on 01.01.2026 at 4:30 P.M., he came out of Disney
land along with his nephew, when Md. Amir and Md. Mallik
started assaulting him and Kasim tied a rope around his neck
and Aamir pressed his private part and another accused snatched
Patna High Court CR. MISC. No.17921 of 2026(2) dt.13-05-2026
2/2
his chain and Rs. 3,500/-.
4. Learned counsel appearing on behalf of the
petitioners submits that police during the course of investigation
has given notice under section 35(3) BNSS to the petitioners
since police decided not to arrest the petitioners for the present,
as such, the petitioners presently do not have any apprehension
of arrest hence seeks permission to withdraw the anticipatory
bail application with liberty to file afresh, if need arises.
5. Permission is accorded.
6. Accordingly, this petition is dismissed as
withdrawn.
(Satyavrat Verma, J)
sanjeev/-
U T
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