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Patna High Court

MD. MANJUR ALAM ANSARI @ MD. MANJUR ANSARIversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted the petitioner liberty to move before the bail‑granting court and disposed of the present application.

Summary

The petitioner, MD Manjur Alam Ansari, filed an application seeking to withdraw the present proceedings so that he could approach the court which had granted regular bail to the opposite party, MD Sanaul Ansari. He alleged that he was being threatened to withdraw the case and feared that evidence might be tampered with. The learned counsel for the petitioner requested liberty to move before the other court, while the State opposed the request. The High Court, after hearing both sides, granted the petitioner liberty to approach the bail‑granting court and disposed of the present application. Consequently, the matter was left for determination by the other court, and the application was closed.

Issues considered

  • Whether the petitioner may withdraw the present application and approach the court that granted bail to the opposite party
  • Whether the High Court can grant liberty to move before another court in view of alleged threats and risk of evidence tampering

Subjects

  • bail
  • withdrawal of application
  • threat
  • evidence tampering
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20922 of 2024
                       Arising Out of PS. Case No.-70 Year-2023 Thana- LAXMIPUR District- Jamui
                 ======================================================
                 MD. MANJUR ALAM ANSARI @ MD. MANJUR ANSARI Son of Late
                 Abdul Wahab Ansari Resident of Village-Maura, P.S.-Gidhaur, District-Jamui.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    MD. SANAUL ANSARI Son of Md. Wakil Ansari Resident of Village-
                 Maura, P.S.-Gidhaur, District-Jamui.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Dr.Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   08-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. After some arguments, learned counsel for the

                   petitioner prays for withdrawal of the present application in

                   order to approach the Court concerned which has granted the

                   privilege of regular bail to the opposite party no.2 as he is

                   challenging the said order primarily on the ground of

                   supervening circumstance of threatening the petitioner to

                   withdraw the instant case and hence, he apprehends that there is

                   strong possibility of tampering the evidence.

                                3. In such view of the matter, the petitioner is granted

                   liberty to move before the Court concerned which has granted
              Patna High Court CR. MISC. No.20922 of 2024(4) dt.08-01-2026
                                                          2/2




                        bail to the opposite party no.2.

                                     4. With the aforesaid liberty, this application is

                        disposed of.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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