Patna High Court

Mumtaj @ Mumtaj DeviversusThe State of Bihar

Decided: 27 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The Court may permit withdrawal of an anticipatory bail application and dismiss it as withdrawn.

Summary

The petitioner, Mumtaj Devi, filed an anticipatory bail application under the Criminal Procedure Code. While the application was pending, she was arrested by the police. Her counsel then sought the Court's permission to withdraw the anticipatory bail application, arguing that the purpose of the application was defeated by the arrest. The Court considered whether a party may withdraw an anticipatory bail application after being taken into custody. It held that the petitioner may be allowed to withdraw the application. Accordingly, the Court granted permission to withdraw and dismissed the anticipatory bail application as withdrawn.

Issues considered

Whether a petitioner can withdraw an anticipatory bail application after being arrested during its pendency

Subjects

anticipatory bail
withdrawal
arrest
Criminal Procedure Code
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1969 of 2026
                  Arising Out of PS. Case No.-95 Year-2025 Thana- MATIYARIA District- West Champaran
                 ======================================================
                 Mumtaj @ Mumtaj Devi W/o Ramprit Mahto R/o Village - Serhwa Masjidwa,
                 P.S - Matiyariya, District - West Champaran
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarvesh Kashyap, Advocate
                 For the Opposite Party/s :       Mr. Rajiv Nayan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. Learned counsel for the petitioner seeks permission

                   to withdraw the anticipatory bail application as petitioner was

                   arrested during pendency of the same.

                                3. Permission is accorded.

                                4. Accordingly, the anticipatory bail application is

                   dismissed as withdrawn.


                                                                       (Satyavrat Verma, J)

Kundan/-

U     T

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