Patna High Court

Ram Kumar SahniversusThe State of Bihar

Decided: 1 April 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

An anticipatory bail application may be withdrawn at the request of the applicant even after arrest, leading to its dismissal.

Summary

Ram Kumar Sahni and Shanti Devi filed an anticipatory bail application before the Patna High Court. While the application was pending, they were arrested by the police. The petitioners then moved the court seeking permission to withdraw their anticipatory bail application. The learned counsel for the petitioners argued that the application should be withdrawn as the applicants were already in custody. The court, after hearing both sides, granted permission to withdraw the anticipatory bail. Consequently, the anticipatory bail application was dismissed as withdrawn.

Issues considered

Whether an anticipatory bail application can be withdrawn by the applicant after the applicant has been arrested

Subjects

anticipatory bail
withdrawal
arrest
Criminal Procedure Code
high court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.21172 of 2026
                      Arising Out of PS. Case No.-188 Year-2025 Thana- MOHANPUR District- Samastipur
                   ======================================================
              1.    Ram Kumar Sahni Son of Late Vishwanath Sahni Resident of Village-
                    Rasalpur P.S. -Mohanpur District- Samastipur
              2.   Shanti Devi wife of Late Vishwanath Sahni Resident of Village- Rasalpur
                   P.S. -Mohanpur District- Samastipur

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

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr.Dr. Om Prakash Om
                   For the Opposite Party/s :       Mr.Sanjay Kumar
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                         ORAL ORDER

2    01-04-2026                1.    Heard learned counsel for the petitioners and

                     learned APP for the State.

                               2.    Learned       counsel      for    the    petitioners       seeks

                     permission to withdraw the anticipatory bail application, as

                     petitioners were arrested during pendency of the instant

                     anticipatory bail application.

                               3.    Permission is accorded.

                               4.    Accordingly, the anticipatory bail application is

                     dismissed as withdrawn.



                                                (Satyavrat Verma, J)
Sumit/-

U         T

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