Patna High Court
Santosh Mahto @ Santosh Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The court held that permission may be granted to withdraw an anticipatory bail application, leading to its dismissal.
Summary
The petitioner, Santosh Mahto, was arrested while his anticipatory bail application was pending before the Patna High Court. His counsel, Ms. Lalita Kumari, sought the court’s permission to withdraw that anticipatory bail application. The court examined whether an anticipatory bail petition could be withdrawn after the petitioner’s arrest. Justice Satyavrat Verma granted the requested permission to withdraw. Accordingly, the anticipatory bail application was dismissed as withdrawn. No further substantive discussion on the merits of the bail claim was recorded.
Issues considered
- Whether an anticipatory bail application can be withdrawn after the petitioner’s arrest
- Whether the court may grant permission to withdraw a pending anticipatory bail application
Subjects
- anticipatory bail
- withdrawal
- arrest
- criminal procedure
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2756 of 2026
Arising Out of PS. Case No.-198 Year-2025 Thana- TERHAGACHH District- Kishanganj
======================================================
Santosh Mahto @ Santosh Kumar Mahto Son of Late Jhatan Mahto Village-
Bhorha PS- Terhagach District- Kishanganj Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Lalita Kumari
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. Learned counsel for the petitioner seeks permission
to withdraw the anticipatory bail application, as petitioner was
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dismissed as withdrawn.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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