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Patna High Court

Dhanraj MahtoversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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that it may permit the withdrawal of an anticipatory bail application, and accordingly dismissed the application as withdrawn.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 Consequently, the anticipatory bail application was dismissed as withdrawn.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  • Whether an anticipatory bail application can be withdrawn at the request of the petitioner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


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