Patna High Court

Sainullah Khan @ Khabri @ Sanaullah KhanversusThe State of Bihar

Decided: 24 April 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court held that the petitioner may withdraw the anticipatory bail application and re‑file a fresh one.

Summary

The petitioner, Sainullah Khan, filed an anticipatory bail application in a criminal miscellaneous case. The application included an affidavit that was later discovered to have been sworn by a minor, rendering it defective. The petitioner’s counsel sought permission to withdraw the anticipatory bail application and to file a fresh one. The learned judge considered the procedural defect and the petitioner’s request. Permission to withdraw the application was granted, with the direction that all annexures except the vakalatnama be returned to the petitioner’s counsel. The petitioner may now re‑file a proper anticipatory bail application.

Issues considered

Whether the petitioner may withdraw an anticipatory bail application and re‑file it when the supporting affidavit is sworn by a minor

Subjects

anticipatory bail
withdrawal of application
affidavit by minor
criminal procedure
procedural defect

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.26853 of 2026
                         Arising Out of PS. Case No.-315 Year-2025 Thana- SUPPI District- Sitamarhi
                  ======================================================
                  Sainullah Khan @ Khabri @ Sanaullah Khan Son of Bhola Khan Resident of
                  Village - Akhta, P.S.- Suppi, Dist. - Sitamarhi.
                                                                          ... ... Petitioner/s
                                                        Versus
                  The State of Bihar
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Ashok Kumar Jha
                  For the Opposite Party/s :        Ms. Indu Kumari Srivastava
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    24-04-2026                  1. Heard learned counsel for the petitioner and the

                    learned APP for the State.

                                 2. The learned counsel for the petitioner seeks

                    permission to withdraw the anticipatory bail application with

                    liberty to file afresh, as the affidavit was sworn by a minor.

                                 3. Permission is accorded.

                                 4. The office is directed to return all the annexures

                    annexed with the instant anticipatory bail application to the

                    learned counsel appearing on behalf of the petitioner, except the

                    vakalatnama.



                                                       (Satyavrat Verma, J)
Rishabh/-

U      T

Continue reading with your account

Checking your session…