Patna High Court
Deepak Pandey @ Deepak Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application was permitted to be withdrawn, with liberty to the petitioners to file a fresh application if needed.
Summary
Deepak Pandey and Ravi Shankar Pandey applied for anticipatory bail in a criminal case (PS No.223 of 2025) involving offences under Sections 126(2), 115(2), 117(2), 74, 303(2), 352 and 3(5) of the B.N.S. The police had issued a notice under Section 35(3) of the B.N.S.S., indicating that they did not intend to arrest the applicants at that stage. The petitioners, claiming clean antecedents, sought to withdraw their anticipatory bail application, stating that the police notice obviated the need for bail and that they could file a fresh application if required. The State’s Additional Public Prosecutor did not oppose the withdrawal. Justice Satyavrat Verma allowed the withdrawal of the anticipatory bail application, granting the petitioners liberty to file a fresh application if circumstances change.
Issues considered
- What is the effect of a police notice under Section 35(3) of the B.N.S.S. on an anticipatory bail application?
- Can an anticipatory bail application be withdrawn by the petitioners before any order is passed?
Legislation cited
Subjects
- anticipatory bail
- withdrawal
- police notice
- Section 35(3)
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6449 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- DAUDNAGAR District- Aurangabad
======================================================
1. Deepak Pandey @ Deepak Kumar Pandey S/O Madan Pandey Resident of
village- Rup Sagar, P.S- Nawa Nagar, Distt.- Buxar.
2. Ravi Shankar Pandey S/O Madan Pandey Resident of village- Rup Sagar,
P.S- Nawa Nagar, Distt.- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Superintendent of Police, Aurangabad Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prabhu Narayan Sharma
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-04-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in Daud Nagar P. S. Case No.223 of 2025, G.R. No.429 of
2025 registered for the offences punishable under Sections
126(2), 115(2), 117(2), 74, 303(2), 352, 3(5) of the B.N.S.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and from
perusal of the FIR, it would manifest that the same has been
instituted with respect to offences carrying punishment of seven
years and less. It is further submitted that police has given
notice under Section 35(3) B.N.S.S. It is next submitted that
Patna High Court CR. MISC. No.6449 of 2026(2) dt.30-04-2026
2/2
since notice under Section 35(3) has been given by the police to
the petitioners that amply demonstrates that police has taken
decision not to arrest the petitioners for the present, as such,
seeks permission to withdraw the present anticipatory bail
application with liberty to the petitioners file a fresh if need
arises.
4. Learned A.P.P. Sri Chandra Bhushan Prasad does
not oppose the said submission.
5. Accordingly, the anticipatory bail application is
permitted to be withdrawn with the liberty aforesaid.
(Satyavrat Verma, J)
vikash/-
U T
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