Patna High Court

ResmaversusThe State of Bihar

Decided: 29 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court held that an anticipatory bail application may be withdrawn by the applicant, and upon such withdrawal the application stands dismissed.

Summary

Resma, Asmira and Fida Hussain filed an anticipatory bail application before the Patna High Court against the State of Bihar. During the hearing, counsel for the petitioners sought permission to withdraw the application. The court considered the request and, recognizing the petitioners' difficulty, granted permission to withdraw. Consequently, the anticipatory bail application was dismissed as withdrawn. No further merits of the bail application were examined.

Issues considered

Can an anticipatory bail application be withdrawn by the applicant and, if so, may the court permit such withdrawal?

Subjects

anticipatory bail
withdrawal
criminal procedure
bail
high court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3442 of 2026
                          Arising Out of PS. Case No.-259 Year-2025 Thana- JOKIHAT District- Araria
                   ======================================================
              1.    Resma Wife of Fiada Hussain Resident of Bhagwanpur, Ward no. 4, P.S. -
                    Jokihat, District - Araria.
              2.   Asmira Wife of Nabi Hussain Resident of Bhagwanpur, Ward no. 4, P.S. -
                   Jokihat, District - Araria.
              3.   Fida Hussain Son of Nabi Hussain Resident of Village - Bhagwanpur, Ward
                   no. 4, P.S. - Jokihat, District - Araria.

                                                                                      ... ... Petitioner/s
                                                          Versus
                   The State of Bihar

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :        Mr.Praveen Kumar Agrawal
                   For the Opposite Party/s :        Ms.Shaheen Begum
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                         ORAL ORDER

2    29-01-2026                1.    Heard learned counsel for the petitioners and

                     learned APP for the State.

                               2.    Learned counsel for the petitioners, after arguing

                     vehemently for some time realising his difficulty, seeks

                     permission to withdraw the 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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