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Patna High Court

Sanjay TiwariversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court permitted the petitioner to withdraw the anticipatory bail application and dismissed the petition as withdrawn.

Summary

Petitioner Sanjay Tiwari filed an anticipatory bail application in the Patna High Court. While the application was pending, he received a notice under Section 35(3) of the BNSS, and the police indicated they would not arrest him. The petitioner sought permission to withdraw the anticipatory bail application, reserving the right to file a fresh one if needed. The court granted the request, allowing the withdrawal. Consequently, the petition was dismissed as withdrawn.

Issues considered

  • Whether an anticipatory bail application may be withdrawn by the petitioner during its pendency
  • Effect of a notice under Section 35(3) of the BNSS on the necessity of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal
  • Section 35(3)
  • BNSS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5900 of 2026
                  Arising Out of PS. Case No.-223 Year-2025 Thana- DAUDNAGAR District- Aurangabad
                 ======================================================
                 Sanjay Tiwari, S/O Kapil Deo Tiwari, Resident of Village- Bhakharua, P.S-
                 Daud Nagar, Distt.- Aurangabad, Bihar.

                                                                                ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Prabhu Narayan Sharma, Advocate
                 For the Opposite Party/s :     Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The learned counsel for the petitioner submits

                   that during pendency of the instant anticipatory bail

                   application, the petitioner has been given notice under Sectin

                   35(3) BNSS, as such, the police for the present is not inclined

                   to arrest the petitioner. Hence, there is no apprehension of

                   arrest for the present. Thus, the learned counsel for the

                   petitioner seeks permission to withdraw the anticipatory bail

                   application with liberty to the petitioner to file afresh if need

                   arises.

                                3. Permission is accorded.
            Patna High Court CR. MISC. No.5900 of 2026(2) dt.29-04-2026
                                                        2/2




                                   4. Accordingly, instant petition is dismissed as

                      withdrawn.


                                                (Satyavrat Verma, J)

khushbu/-

U      T


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