Patna High Court
Dhanraj MahtoversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that it may permit the withdrawal of an anticipatory bail application, and accordingly dismissed the application as withdrawn.
Summary
The petitioner, Dhanraj Mahto, filed an anticipatory bail application under the Criminal Procedure Code. During the hearing, his counsel, Mr. Kundan Kumar Ojha, requested permission to withdraw the application. The Hon'ble Justice Prabhat Kumar Singh granted the request, allowing the withdrawal. Consequently, the anticipatory bail application was dismissed as withdrawn. No substantive merits of the bail request were examined, and the matter concluded with the withdrawal being approved.
Issues considered
- Whether an anticipatory bail application can be withdrawn at the request of the petitioner
- Whether the court has the discretion to permit such withdrawal
Subjects
- anticipatory bail
- withdrawal
- Criminal Procedure Code
- Section 438
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.397 of 2026
Arising Out of PS. Case No.-16 Year-2025 Thana- Rangara District- Bhagalpur
======================================================
Dhanraj Mahto S/o- Vidyanand Mahto Village- Koshikipur PS-Rangara Distt-
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Kumar Ojha, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Learned counsel for the petitioner seeks permission to
withdraw this anticipatory bail application.
2. Permission is granted.
3. This anticipatory bail application is, accordingly,
dismissed as withdrawn.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…