Patna High Court

Shankar Kunwar @ Shankar SinghversusThe State of Bihar

Decided: 8 April 2026
Disposal: WITHDRAWN
Bench: PRAVEEN KUMAR

Holding

The anticipatory bail petition was dismissed as withdrawn.

Summary

The petitioner, Shankar Kunwar, filed an anticipatory bail petition before the Patna High Court. During the hearing, senior counsel for the petitioner informed the court that criminal proceedings under Sections 82 and 83 of the Criminal Procedure Code had already been instituted against him. On that basis, the counsel expressed the intention to withdraw the anticipatory bail petition. The court considered the counsel’s submission that the existence of the other processes rendered the anticipatory bail petition unnecessary. Consequently, the court dismissed the anticipatory bail petition as withdrawn. The order was pronounced by Justice Praveen Kumar.

Issues considered

Whether an anticipatory bail petition can be withdrawn when other criminal processes under Sections 82 and 83 CrPC are already issued.

Legislation cited

Code of Criminal Procedure, 1973 — s. 82, 83

Subjects

anticipatory bail
withdrawal
CrPC
Section 82
Section 83
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.20143 of 2026
                         Arising Out of PS. Case No.-4 Year-1993 Thana- MOKAMAH District- Patna
                  ======================================================
                  Shankar Kunwar @ Shankar Singh S/o Late Kamleshwari Kunwar @ Kamli
                  Kunwar R/o Village- Sograha 2, Ward No. 1, PS- Phulwariya, District-
                  Begusarai

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Krishna Prasad Singh, Sr. Advocate
                                                   Mr. Rakesh Singh, Advocate
                  For the Opposite Party/s :       Mr. Ram Sevak Choudhary, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    08-04-2026                   Heard learned senior counsel for the petitioner and

                    learned Additional Public Prosecutor for the State.

                                  2. Learned senior counsel for the petitioner has fairly

                    submitted that both processes under Section 82 and 83 of the Cr.

                    P.C. have been issued against the petitioner and as such he fairly

                    submits that he would be withdrawing this case.

                                  3. Accordingly, the present anticipatory bail petition

                    stands dismissed as withdrawn.


                                               (Praveen Kumar, J)

khushbu/-

U      T

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