Patna High Court
Bhojpuriya Devi @ Bhojpurni DeviversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- R P MISHRA
Holding
The Court permitted the withdrawal of the anticipatory bail application and dismissed it as withdrawn.
Summary
The petitioner, Bhojpuriya Devi, filed an anticipatory bail application in Criminal Miscellaneous No. 4401 of 2026 before the Patna High Court. After hearing, the petitioner’s counsel sought the Court’s permission to withdraw that application. The Court granted the permission, dismissed the anticipatory bail application as withdrawn, and ordered that the petitioner surrender before the subordinate court within eight weeks. The Court further directed that the petitioner may then file a regular bail application, which the lower court shall consider on its merits. The order clarified that the earlier order rejecting anticipatory bail on 20.12.2024 will not prejudice any future regular bail application.
Issues considered
- Whether a petitioner may withdraw an anticipatory bail application after filing it
- Whether the lower court can entertain a regular bail application without prejudice to an earlier rejection of anticipatory bail
Subjects
- anticipatory bail
- withdrawal of application
- regular bail
- criminal procedure
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4401 of 2026
Arising Out of PS. Case No.-145 Year-2022 Thana- MANER District- Patna
======================================================
Bhojpuriya Devi @ Bhojpurni Devi W/O Late Mukul Manjhi R/O Village-
Chitnawan Musahari, P.S Maner, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 After some arguments, learned counsel for the
petitioner seeks permission of the Court to withdraw the present
anticipatory bail application.
2. Permission is accorded.
3. Accordingly, the present application stands
dismissed as withdrawn.
4. However, liberty is granted to the petitioner to
surrender before the learned court below within a period of eight
weeks and pray for regular bail. If any such application is filed,
the learned court below shall consider the same on its own merit
and pass appropriate order in accordance with law preferably on
Patna High Court CR. MISC. No.4401 of 2026(2) dt.30-01-2026
2/2
the same day without being prejudiced by the earlier order dated
20.12.2024 in Cr. Misc. No. 70543 of 2024 passed by a
coordinate Bench of this Court by which the prayer of the
petitioner for grant of anticipatory bail was rejected.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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