Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The Court permitted withdrawal of the anticipatory bail application and granted liberty to seek regular bail, noting no misuse of Section 41 privilege.
Summary
The petitioners, Chandan Kumar and others, filed an application seeking renewal of anticipatory bail after their earlier anticipatory bail application had been dismissed as withdrawn. They later requested to withdraw the present application and instead seek regular bail, asserting that they had been granted the privilege of Section 41 of the Cr.P.C. during investigation and had not misused it. The Court considered whether the withdrawal could be permitted and whether the petitioner could approach the trial court for regular bail without prejudice. The Court granted permission to withdraw the anticipatory bail application and allowed the petitioner liberty to approach the concerned court for regular bail, emphasizing that the privilege of Section 41 had not been misused. The order disposes of the present application while directing that the regular bail request be heard on its merits.
Issues considered
- Whether the petitioner may withdraw the anticipatory bail application after a prior dismissal.
- Whether the petitioner is entitled to seek regular bail after having been granted Section 41 privilege during investigation.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 41
Subjects
- anticipatory bail
- regular bail
- Section 41 Cr.P.C.
- withdrawal of application
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2769 of 2026
Arising Out of PS. Case No.-201 Year-2024 Thana- SURYAGARHA District- Lakhisarai
======================================================
1. Chandan Kumar Son of Sunil Singh R/o Village - Rampur, P.S. - Suragarha,
Dist. - Lakhisarai.
2. Sunil Singh Son of Badho Singh R/o Village - Rampur, P.S. - Suragarha,
Dist. - Lakhisarai.
3. Rohit Singh @ Rohit Kumar Son of Sunil Singh R/o Village - Rampur, P.S. -
Suragarha, Dist. - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate
For the State : Mr. Ajay Kumar Jha, APP
For the Informant : Mr. Arun Kumar, Advocate
: Mr. Ram Vinay Pd.Singh (Sanjay), Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. This application has been filed for renewing the
prayer for anticipatory bail, although the anticipatory bail
application of the petitioner was dismissed as withdrawn vide
order dated 02.07.2025 passed by this Court in Cr. Misc. No.
14494 of 2025.
3. The learned counsel for the petitioner again prays
for withdrawal of the present application with liberty to
surrender before the learned Court concerned for seeking
regular bail in light of the fact that he had been granted the
Patna High Court CR. MISC. No.2769 of 2026(2) dt.16-01-2026
2/2
privilege of Section 41 of Cr.P.C. during the course of
investigation and never misused the same.
4. Permission is granted.
5. Accordingly, this application is disposed of with
liberty to the petitioner to approach the Court concerned for
seeking regular bail, which shall considered on its own merits
without being prejudiced by the present order of withdrawal and
shall be preferably considered on the same day, taking into
consideration the fact that the petitioner did not misuse privilege
of Section 41 of Cr.P.C.
(Soni Shrivastava, J)
anand/-
U T
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