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Patna High Court

Aamir KhanversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The Court permitted the withdrawal of the anticipatory bail application and dismissed the petition as withdrawn.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 The petition was thereafter dismissed as withdrawn.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

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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