Patna High Court
Sanjay TiwariversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
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The court permitted the petitioner to withdraw the anticipatory bail application and dismissed the petition as withdrawn.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 Consequently, the petition was dismissed as withdrawn.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- Whether an anticipatory bail application may be withdrawn by the petitioner during its pendency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
- BNSS — s. 35(3)
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withdrawn.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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