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Patna High Court

Happy KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court permitted the petitioner to withdraw the anticipatory bail application, resulting in its dismissal as withdrawn.

Summary

Happy Kumar filed an anticipatory bail application before the Patna High Court in connection with a criminal case registered under PS. No. 18 of 2025. During the hearing, the petitioner, through counsel Mr. Sitesh Kashyap, sought the Court's permission to withdraw the anticipatory bail application. The State, represented by APP Mr. Parmanand Kumar, opposed the withdrawal. The Court considered the procedural propriety of allowing a petitioner to retract an anticipatory bail petition. It held that a petitioner may withdraw the application with the Court's permission. Accordingly, the Court granted the withdrawal and dismissed the anticipatory bail application as withdrawn.

Issues considered

  • Whether a petitioner may withdraw an anticipatory bail application after filing it
  • Whether the Court can grant permission to withdraw such an application

Subjects

  • anticipatory bail
  • withdrawal
  • criminal procedure
  • bail
  • High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.19804 of 2026
                    Arising Out of PS. Case No.-18 Year-2025 Thana- Cyber P.S. District- West Champaran
                  ======================================================
                  Happy Kumar S/o Kamalkishor Sah Resident of village - Mehura, Ward No.
                  04, P.S.- Bagaha-1, District- West Champaran

                                                                                     ... ... Petitioner/s
                                                         Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner       :        Mr. Sitesh Kashyap, Advocate
                  For the State            :        Mr. Parmanand Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    07-04-2026                  Heard learned counsel appearing on behalf of the

                    petitioner and learned APP appearing on behalf of the State.

                                 2. After some arguments, learned counsel appearing

                    on behalf of the petitioner seeks permission to withdraw this

                    anticipatory bail application.

                                 3. Permission, as prayed for, is accorded.

                                 4. Accordingly, this anticipatory bail application

                    stands dismissed as withdrawn.



                                           (Prabhat Kumar Singh, J)
shashank/-

U      T


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