Patna High Court
Kirani RaiversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that an anticipatory bail petition may be withdrawn upon the court's permission.
Summary
Kirani Rai filed an anticipatory bail petition before the Patna High Court in a criminal miscellaneous case. The petitioner, through counsel, later sought the court's permission to withdraw the anticipatory bail application. The learned judge considered the request and exercised the court's inherent discretion to allow withdrawal of such petitions. No substantive merits of the bail application were examined, as the petitioner chose to discontinue the proceedings. The court granted the petitioner's request, ordering that the anticipatory bail petition stand dismissed as withdrawn. Consequently, the matter was closed without any further adjudication on the bail issue.
Issues considered
- Whether a petitioner may withdraw an anticipatory bail petition with the court's permission?
Subjects
- anticipatory bail
- withdrawal of petition
- criminal procedure
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24171 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- KESARIA District- East Champaran
======================================================
Kirani Rai Son of Jamadar Rai Resident of village - Kadhan, P.S.- Kesariya,
District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-04-2026 Learned counsel for the petitioner seeks permission
to withdraw the present anticipatory bail petition of the
petitioner.
2. Permission is accorded.
3. Accordingly, the present anticipatory bail petition
of the petitioner stands dismissed as withdrawn.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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