Patna High Court

Omkar KrishnaversusThe State of Bihar

Decided: 8 January 2026
Disposal: WITHDRAWN
Bench: CHANDRA SHEKHAR JHA

Holding

The court held that the petitioner may withdraw the anticipatory bail petition and ordered its dismissal.

Summary

The petitioner, Omkar Krishna, filed an anticipatory bail petition in the Patna High Court under Section 83 of the Code of Criminal Procedure after a criminal case was instituted against him. During the hearing, the petitioner’s counsel sought the court’s permission to withdraw the anticipatory bail petition, citing the initiation of the regular criminal proceeding. The court considered whether a petitioner may withdraw an anticipatory bail application after the substantive case has commenced. It held that the petitioner is entitled to withdraw the petition, and there is no legal impediment to doing so. Accordingly, the court allowed the withdrawal and dismissed the petition as withdrawn.

Issues considered

Whether an anticipatory bail petition can be withdrawn after the commencement of regular criminal proceedings under Section 83 of the CrPC?

Legislation cited

Code of Criminal Procedure — s. 83

Subjects

anticipatory bail
withdrawal of petition
Criminal Procedure Code
Section 83
Patna High Court

Judgment

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.21749 of 2025
                     Arising Out of PS. Case No.-2124 Year-2022 Thana- PURNIA COMPLAINT CASE District-
                                                              Purnia
                     ======================================================
                     Omkar Krishna, Son of Gajendra Kumar, resident of Village-Kadhiya,
                     Kachara, Kachara, Karahia, P.S.-Sour Bazar, Dist- Saharsa
                                                                               ... ... Petitioner
                                                       Versus
                1.    The State of Bihar
                2.    Ritu Kumari, Daughter of Nageshwar Mahato, resident of Village-Naya tola,
                      Line Bazar, P.S.- K. Hatt, Sahayak, Dist- Purnea
                                                                         ... ... Opposite Parties
                     ======================================================
                     Appearance :
                     For the Petitioner/s    :       Mr. Saroj Kumar Sharma, Advocate
                                                     Mr. Anupam Bahadur, Advocate
                                                     Mr. Sunny Kumar, Advocate
                                                     Ms. Smriti Kumari, Advocate
                     For the State           :       Mr. Anil Kumar Singh No.1, APP
                     For the Informant       :       Mr. Ajit Kumar Singh, Advocate
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                           ORAL ORDER

5   08-01-2026                       After       short   argument,         learned        counsel

                       appearing for the petitioner seeks permission to

                       withdraw the present               anticipatory bail petition for

                       the present, as proceeding under Section 83 of the

                       Code of Criminal Procedure was initiated against the

                       petitioner.

                                     2. Request allowed.

                                     3. In view of aforesaid, the present petition

                       stands dismissed as withdrawn.


                                                              (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T
Patna High Court CR. MISC. No.21749 of 2025(5) dt.08-01-2026
                                            2/2

Continue reading with your account

Checking your session…