Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court dismissed the anticipatory bail petition as withdrawn.
Summary
The petitioner, Satish Kumar, filed an anticipatory bail petition alleging that a proceeding under Section 83 of the Criminal Procedure Code had already been initiated against him. He sought permission to withdraw the anticipatory bail petition on that ground. The informant opposed, contending that the petitioner had concealed this fact and that an FIR had been lodged against him and another person for filing a false affidavit regarding the bail petition. The court noted that the petitioner had not appeared before the trial court despite allegations of cheating amounting to Rs. 39,50,000. Consequently, the court dismissed the anticipatory bail petition as withdrawn and directed the trial court to secure the petitioner’s presence and conclude the trial within six months. The order underscores the court’s stance that a petition can be treated as withdrawn when the petitioner seeks its withdrawal and fails to cooperate with the trial process.
Issues considered
- Whether the petitioner is entitled to withdraw his anticipatory bail petition after a proceeding under Section 83 CrPC has been initiated.
- Whether the court should dismiss the anticipatory bail petition as withdrawn in view of the petitioner’s non‑appearance and alleged concealment.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 83
Subjects
- anticipatory bail
- withdrawal of petition
- Section 83 CrPC
- Section 438 CrPC
- cheating
- FIR
- trial court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52535 of 2025
Arising Out of PS. Case No.-1315 Year-2019 Thana- COMPLAINT CASE - DANAPUR
District- Patna
======================================================
Satish Kumar S/o Chandradeo Prasad @ Chandradeo Ray Resident of
Village- Lodipur Banwari Tola, Post Office- Korawa, Police Station-
Naubatpur, Distt- Patna
... ... Petitioner
Versus
1. The State of Bihar
2. Ajay Lal S/o Sri Lalji Yadav R/o Vill- Makhdumpur, P.S.- Danapur, Distt-
Patna
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mr.Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 20-01-2026 Heard the parties.
2. It is submitted by learned counsel for the
petitioner that he may be permitted to withdraw the present
petition as the proceeding under section 83 Cr.P.C. has
already initiated against the petitioner.
3. Countering the aforesaid submission, learned
counsel appearing for the informant pointed out that this
aspect has already mentioned in the impugned order which
was concealed by the petitioner and for that, under the
direction of this Court, FIR was lodged against the petitioner
as well as against the person who has sworn the affidavit
Patna High Court CR. MISC. No.52535 of 2025(5) dt.20-01-2026
2/2
regarding correctness of the bail petition.
4. It is also submitted that petitioner never
appeared before the learned trial court after cheating of Rs.
39,50,000/-.
5. Let it be so, as the petitioner seeks permission to
withdraw the present anticipatory bail petition, same is
accordingly dismissed as withdrawn.
6. Learned trial court is directed to take all
appropriate legal steps to secure the presence of
petitioner/accused persons before the court of law as this
matter is of the year 2019, and further directed to conclude
the trial within next six (6) months from the date of
receipt/production of a copy of this order.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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