Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The petition is dismissed as withdrawn, granting the petitioner liberty to file a fresh anticipatory bail application after the order is rectified.
Summary
The petitioner, Santosh Kumar, filed an anticipatory bail application in a criminal case concerning alleged seizure of liquor. The State argued that the FIR described seizure of 60 litres from a motorcycle, whereas the impugned order recorded seizure of 35 litres from the petitioner's house, indicating a possible clerical error. The petitioner sought permission to withdraw the anticipatory bail application and to file a fresh one after the order was rectified. The Court granted permission to withdraw the application. Consequently, the petition was dismissed as withdrawn, with liberty to file a fresh application once the order is corrected.
Issues considered
- Whether the petitioner may withdraw the anticipatory bail application and seek to file a fresh application after correction of the impugned order.
Subjects
- anticipatory bail
- withdrawal of application
- order impugned
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55991 of 2025
Arising Out of PS. Case No.-248 Year-2024 Thana- NAYAGAON District- Saran
======================================================
Santosh Kumar S/o- Jagdish Mahto R/V- Parmanandpur, P.S-Sonepur, Dist.-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeet Kumar Singh
For the Opposite Party/s : Mr.Rabindra Kumar- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 05-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The learned A.P.P. Sri Rabindra Kumar, at the
outset, submits that from perusal of the allegation as alleged in
the FIR, it would manifest that the informant alleges that 60
litres of liquor was recovered from a motorcycle and Raj Karan
along with Ankit Kumar were arrested. It is next submitted that
from perusal of the order impugned dated 03.05.2025 in ABP
No.1542 of 2025, it would manifest that the same records that
35 litre country-made liquor behind the house of the petitioner
was seized. It is thus submitted that the allegation as alleged in
the FIR differs from the order impugned. It is next submitted
that it appears that the order impugned is with respect to some
other case, but inadvertently, the order stands recorded in
Patna High Court CR. MISC. No.55991 of 2025(3) dt.05-01-2026
2/2
Nayagaon P. S. Case No. 248 of 2024.
3. At this stage, the learned counsel for the petitioner
seeks permission to withdraw the present anticipatory bail
application with liberty to file a fresh after getting the order
impugned dated 03.05.2025 in ABP No.1542 of 2025 rectified.
4. Permission is accorded.
5. Accordingly, instant petition is dismissed as
withdrawn with the liberty aforesaid.
(Satyavrat Verma, J)
vikash/-
U T
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