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Patna High Court

Dharmendra Kumar @ Dharmendra PaswanversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court permitted the petitioner to withdraw the anticipatory bail petition and dismissed it as withdrawn.

Summary

Dharmendra Kumar filed an anticipatory bail petition before the Patna High Court. The petitioner argued that criminal processes under Sections 82 and 83 of the Criminal Procedure Code had already been issued against him, and therefore he wished to withdraw the anticipatory bail application. The court considered the request and, after hearing counsel, granted permission to withdraw the petition. Consequently, the anticipatory bail petition was dismissed as withdrawn. The order reflects the court's discretion to allow withdrawal of such petitions when the petitioner so desires.

Issues considered

  • Whether an anticipatory bail petition may be withdrawn after criminal processes under Sections 82 and 83 Cr.P.C. have been issued
  • Whether the court can grant permission to withdraw the anticipatory bail petition

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal of petition
  • Criminal Procedure Code
  • Section 82
  • Section 83
  • Patna High Court

Judgment

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.34246 of 2026
                       Arising Out of PS. Case No.-1174 Year-2021 Thana- COMPLAINT CASE - DANAPUR
                                                          District- Patna
                     ======================================================
                     Dharmendra Kumar @ Dharmendra Paswan Son of Baij Nath paswan
                     Resident of Village - Mainpura Ps- kaler, Dist- Arwal
                                                                           ... ... Petitioner/s
                                                        Versus
                1.    The State of Bihar
                2.    Lalti Kumari Daughter of Bhagwan Paswan Resident of village- Sadadeh ps-
                      Dulhin Bazar, Dist- patna
                                                                        ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :     Mr. Bindeshwar Prasad Singh, Advocate
                     For the Opposite Party/s :     Mr. Uma Shankar Prasad Singh, APP
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                           ORAL ORDER

2     20-05-2026                    Heard the learned counsel for the petitioner and the

                       learned APP appearing on behalf of the State.

                                    2. The learned counsel appearing on behalf of the

                       petitioner submits that since processes under Sections 82 and 83

                       Cr.P.C. has already been issued against the petitioner, therefore he

                       seeks permission to withdraw the present anticipatory bail petition.

                                    3. Permission, so sought for, is accorded.

                                    4. The present anticipatory bail petition is dismissed as

                       withdrawn.


                                                  (Ritesh Kumar, J.)

Sanjay/shital

U


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