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Patna High Court

Mukesh Kumar SinghversusState Of Bihar and Anr

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The provisional anticipatory bail granted to the petitioner is withdrawn due to non‑compliance with the court’s order dated 27 January 2026.

Summary

Mukesh Kumar Singh filed an application seeking anticipatory bail in a case registered under Sections 406, 420 and 120-B of the Indian Penal Code. The Patna High Court noted that the petitioner’s counsel had failed to comply with an earlier order dated 27 January 2026 and was allegedly misleading the court. Consequently, the court dismissed the application for non‑compliance. The provisional anticipatory bail previously granted on 22 September 2017 was withdrawn. The court, however, allowed the petitioner to file a fresh anticipatory bail application after complying with the outstanding order.

Issues considered

  • Whether anticipatory bail can be withdrawn on account of the petitioner’s non‑compliance with a court order
  • Whether the petitioner remains entitled to bail after the withdrawal of the provisional order

Legislation cited

Subjects

  • anticipatory bail
  • non‑compliance
  • Indian Penal Code
  • Section 406
  • Section 420
  • Section 120-B
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45567 of 2017
                      Arising Out of PS. Case No.-115 Year-2017 Thana- BARUN District- Aurangabad
                 ======================================================
                 Mukesh Kumar Singh S/o Nagendra Singh, Resident of Village- Urdina, P.S.-
                 Barun, District- Aurangabad.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    State Of Bihar
           2.    The District Manager, Bihar State Food Corporation, Aurangabad.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sumeet Kumar Singh
                 For the Opposite Party/s :       Mr.Smt. Sahin Begam
                 For the BSFC             :       Mr. Shailendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

7   09-02-2026                    Heard the parties.

                                2. This application has been filed on behalf of the

                   petitioner who is apprehending his arrest in connection with

                   Barun P.S. Case No. 115 of 2017 registered for the offence

                   under Sections 406, 420, 120-B of the Indian Penal Code.

                                3. This case is pending in this Court since 2017 and

                   the order dated 27.01.2026 has not been complied by the learned

                   counsel for the petitioner and it appears that the learned counsel

                   for the petitioner is misleading this Court.

                                4. In view of the above, this application is dismissed

                   for non-compliance of the order dated 27.01.2026 passed in this

                   case.

                                5. Accordingly, the provisional anticipatory bail
          Patna High Court CR. MISC. No.45567 of 2017(7) dt.09-02-2026
                                                      2/2




                    granted to the petitioner vide order dated 22.09.2017 is hereby

                    withdrawn. However, the petitioner is given liberty to file an

                    fresh anticipatory bail application after complying the order

                    dated 27.01.2026.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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