Patna High Court
Sajal Kumar Sinha @ MausamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the order should be modified to state that the withdrawal of the anticipatory bail application is based on compromise.
Summary
The petitioner, Sajal Kumar Sinha, had earlier filed an anticipatory bail application (Cr. Misc No. 2649 of 2026) which was taken up out of turn. He later sought to withdraw the anticipatory bail application on the ground that the underlying criminal case had been compromised and he had not been arrested. The court noted that the order dated 11-3-2026 recorded the withdrawal request without mentioning the compromise. The petitioner’s counsel requested that the order be modified to reflect that the withdrawal was based on compromise. The court agreed, modified paragraph 2 of the earlier order accordingly, and allowed the modification application.
Issues considered
- What is the appropriate wording for the order when a petitioner seeks to withdraw an anticipatory bail application on the basis of compromise?
Subjects
- anticipatory bail
- withdrawal
- compromise
- modification of order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21851 of 2026
In
CRIMINAL MISCELLANEOUS No.2649 of 2026
Arising Out of PS. Case No.-600 Year-2023 Thana- PHULWARISHARIF District- Patna
======================================================
Sajal Kumar Sinha @ Mausam S/o Sanjeev Kumar Sinha Resident of
Ranipur, Post office and Police Station- Phulwari Sharif, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rahul Kumar S/o Bhimsen Prasad R/o vill - Ranipur, P.O. and P.S.- Phulwari
Sharif, Dist.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Navin Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. Learned counsel for the petitioner submits that
petitioner had earlier moved before this Court seeking
anticipatory bail by filing Cr. Misc No. 2649 of 2026. It is next
submitted that Cr. Misc No. 2649 of 2026 was mentioned on 10-
2-2026 for taking it up out of turn as petitioner wanted to
withdraw the anticipatory bail application since the case was
compromised, accordingly the case was taken up on 11-3-2026,
but in the order dated 11-3-2026 at para-2, it was recorded –
“Learned counsel for the petitioner seeks permission to
withdraw the anticipatory bail application, as petitioner was
Patna High Court CR. MISC. No.21851 of 2026(2) dt.03-04-2026
2/2
arrested during pendency of the same.” It is further submitted
that petitioner till date has not been arrested and intends to
surrender based on compromise, as such it is prayed that para-2
of the order dated 11-3-2026 in Cr. Misc No. 2649 of 2026 be
modified to read as “Learned counsel for the petitioner seeks
permission to withdraw the anticipatory bail application based
on compromise”.
3. In view of the submission made by learned counsel
appearing on behalf of the petitioner, para-2 of the order dated
11-3-2026 in Cr. Misc No. 2649 of 2026 is modified to read as
“Learned counsel for the petitioner seeks permission to
withdraw the anticipatory bail application based on
compromise”.
4. Accordingly, the instant modification application is
allowed.
(Satyavrat Verma, J)
Sumit/-
U T
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