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Patna High Court

Prameshwar @ Parmeshwar PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the withdrawal of the application for cancellation of bail.

Summary

The petitioner, Prameshwar Prasad, had earlier been granted anticipatory bail by a lower court. He subsequently filed an application seeking cancellation of that bail, alleging that certain supervening circumstances involving threats to his daughter might arise. The petitioner later requested to withdraw this application so that he could approach the court that granted the anticipatory bail to address those circumstances. The learned counsel for the petitioner prayed for the withdrawal, and the court considered the request. The Hon'ble Justice Soni Shrivastava allowed the prayer, disposing of the application as withdrawn, thereby permitting the petitioner to approach the appropriate court regarding the anticipatory bail.

Issues considered

  • Whether the application for cancellation of bail may be withdrawn at the petitioner's request

Subjects

  • anticipatory bail
  • withdrawal of application
  • cancellation of bail
  • supervening circumstances
  • criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.48120 of 2024
                       Arising Out of PS. Case No.-57 Year-2023 Thana- MAHILA P.S. District- Bhojpur
                  ======================================================
                  Prameshwar @ Parmeshwar Prasad Son of Late Jagdis Chourasiya @ Late
                  Lagdis Prasad Resident of Vill- Sikrahata Khurd, P.S.- Sikrahata, District-
                  Bhojpur.                                                ... ... Petitioner/s
                                                   Versus
             1.    The State of Bihar
             2.    Nikhil Chourasiya @ Nikhil Kumar Son of Raj Narayan Chourasia Resident
                   of Vill- Jabara, P.S.- Nokha, District- Rohtas.
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Ajay Kumar Singh
                  For the Opposite Party/s :        Mr.Narendra Kumar Singh
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

6    13-01-2026                  Heard learned counsel for the petitioner and the

                    learned APP for the State.

                                 2. After some arguments, learned counsel for the

                    petitioner prays for withdrawal of the present application for

                    cancellation of bail in order to approach the learned court

                    concerned which had granted anticipatory bail to the petitioner

                    in case he is able to establish certain supervening circumstances

                    relating to threatening the daughter of the petitioner.

                                 3. Prayer is allowed.

                                 4. Accordingly, this application is disposed of as

                    withdrawn with the aforesaid liberty.



                                               (Soni Shrivastava, J)
devendra/-

U      T
Patna High Court CR. MISC. No.48120 of 2024(6) dt.13-01-2026
                                            2/2


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