Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The court may permit the withdrawal of an anticipatory bail application, resulting in its dismissal as withdrawn.
Summary
The petitioner, Chandan Kumar, filed an anticipatory bail application in the Patna High Court after being implicated in a criminal case. While the application was pending, he was arrested by the police. The petitioner’s counsel subsequently sought the court’s permission to withdraw the anticipatory bail application, arguing that the purpose of the application had become moot due to the arrest. The learned counsel for the State opposed the withdrawal. Justice Satyavrat Verma granted permission to withdraw the anticipatory bail, holding that the petitioner was free to retract his own application. Consequently, the anticipatory bail application was dismissed as withdrawn.
Issues considered
- What is the court's discretion in allowing a petitioner to withdraw an anticipatory bail application after arrest?
Subjects
- anticipatory bail
- withdrawal
- arrest
- criminal procedure
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3585 of 2026
Arising Out of PS. Case No.-429 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
======================================================
Chandan Kumar S/o Bhola Mahto Resident of Village- Dighra Rampur Sah,
P.S.- Sadar, District- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Radheyshyam Mahto S/o Late Rameshwar Mahto Resident of Village-
Bishanpur Bahnagri, P.S.- Sakra, District- Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Kumar
For the Opposite Party/s : Mr.Choubey Jawahar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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dismissed as withdrawn.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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