Patna High Court
Jai Prakash @ Jay Prakash @ Jay Prakash NiralaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The Court held that an anticipatory bail application may be withdrawn, and the petitioner may file a fresh application thereafter.
Summary
Jai Prakash filed an anticipatory bail application in a criminal case (PS No.28, 2020) arising from Samastipur. The petitioner’s counsel argued that the application contained numerous defects and sought the Court’s permission to withdraw it with liberty to file a fresh application. The Court examined the request and, finding no impediment, granted permission to withdraw. Consequently, the anticipatory bail application was dismissed as withdrawn. The Court also directed the Office to return all annexures to the petitioner’s counsel, except the vakalatnama.
Issues considered
- Whether an anticipatory bail application can be withdrawn by the petitioner with liberty to re‑file a fresh application
Subjects
- anticipatory bail
- withdrawal
- criminal procedure
- bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27838 of 2026
Arising Out of PS. Case No.-28 Year-2020 Thana- MAHILA P.S. District- Samastipur
======================================================
Jai Prakash @ Jay Prakash Son of Laxman Mahto Resident of Simri Ward No.
8, P.S -Vidyapati Nagar, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prakash Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 08-05-2026 1. Heard Mr. Prakash Kumar Srivastava, learned
counsel for the petitioner and learned A.P.P. for the State.
2. Learned counsel appearing on behalf of the
petitioner submits that there are many defects in the anticipatory
bail application, as such, it is difficult to remove all the defects,
as such, seeks permission to withdraw the instant anticipatory
bail application with liberty to file afresh.
3. Permission is accorded.
4. Accordingly, the instant anticipatory bail
application is dismissed as withdrawn.
5. The Office is directed to return all the annexures to
Mr. Prakash Kumar Srivastava, learned Advocate, except the
Vakalatnama.
(Satyavrat Verma, J)
Kundan/-
U T
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