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Patna High Court

Sandeep Kumar Paswan @ Sandeep PaswanversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The application is disposed of upon the petitioner's request to withdraw it.

Summary

The petitioner, Sandeep Kumar Paswan, filed an application challenging a February 2018 order that granted anticipatory bail to eight opposite parties. During the hearing, the petitioner withdrew his challenge and instead sought a protective order to ensure that he and his family would not be disturbed by the opposite parties. The court noted that no disturbance had been caused by the opposite parties. Consequently, the court disposed of the application without further adjudication on the anticipatory bail issue. The order effectively leaves the earlier anticipatory bail order undisturbed.

Issues considered

  • Whether the application challenging the grant of anticipatory bail should be entertained after the petitioner seeks to withdraw it

Subjects

  • anticipatory bail
  • withdrawal of application
  • criminal procedure
  • protective order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.43481 of 2018
                   Arising Out of PS. Case No.-429 Year-2017 Thana- MOTIHARI MUFASIL District- East
                                                        Champaran
                  ======================================================
                  Sandeep Kumar Paswan @ Sandeep Paswan and under Guardianship of S/o
                  Nagendra Paswan, Resident of Village- Dubha, P.S.- Aadapur, District- East
                  Champaran, At present R/o Village- Semra, P.S.- Motihari M, District- East
                  Champaran.                                               ... ... Petitioner.
                                                   Versus
            1.     The State of Bihar
            2.    Dinesh Yadav, S/o Ram Chalitar Yadav.
            3.    Ram Nath Rai, S/o Late Mangal Rai.
            4.    Moti Lal Rai @ Moti Lal Yadav, S/o Purnat Yadav.
            5.    Shatrughan Yadav @ Satrughan Rai, S/o Bandi Rai.
            6.    Chunu Rai @ Chanu Rai, S/o Late Kapildeo Rai,
            7.    Shiv Nath Rai, S/o Late Mangal Rai,
            8.    Chandrika Rai @ Chandrika Yadav, S/o Ram Ugrah Rai.
            9.     Suresh Prasad, S/o Ram Lal Sah, All resident of Village- Semra, P.S.-
                   Muffassil, District- East Champaran.
                                                                   ... ... Opposite Parties.
                  ======================================================
                  Appearance :
                  For the Petitioner     :       Mr. Rakesh Kumar No.1, Advocate
                  For the State          :       Smt. Usha Kumari No-1, Special P.P.
                  For the O.P. Nos.      :       Mr. Abhishek Teerthankar, Advocate
                                                 Mr. Vinay Ranjan, Advocate
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

10   13-01-2026                  Heard learned counsel for the parties.

                                 2. By the present application, the petitioner has

                    challenged the order dated 09.02.2018 passed in Cr. Appeal (SJ)

                    No.117 of 2018, by which the opposite party nos.2 to 9 were

                    granted anticipatory bail.

                                 3. After some arguments, learned counsel for the

                    petitioner prays to withdraw the present application and seeks a

                    protection from this Court so that the petitioner and his family
            Patna High Court CR. MISC. No.43481 of 2018(10) dt.13-01-2026
                                                        2/2




                      members are not disturbed in any manner and may live

                      peacefully. This Court may observe that no disturbance is

                      caused to the petitioner and his family members at the hands of

                      the opposite parties.

                                   4. With such observation, the present application

                      stands disposed of.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T


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