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Patna High Court

MD. JASIM ANSARI @ MD. JASIM ANSARI @ JASIM @ MD. JASIMversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court held that permission may be granted to withdraw an anticipatory bail application, and therefore dismissed the application as withdrawn.

Summary

The petitioner, MD Jasim Ansari, was implicated in PS case No. 42 of 2025 and filed an anticipatory bail application before the High Court. After police investigation, a final report exonerated him, and he no longer feared arrest. The petitioner sought the Court's permission to withdraw his anticipatory bail application. The Court, after hearing counsel, granted permission to withdraw. Consequently, the anticipatory bail application was dismissed as withdrawn, with the underlying criminal case remaining pending in the Additional Chief Judicial Magistrate's Court.

Issues considered

  • Whether an anticipatory bail application can be withdrawn when the petitioner no longer apprehends arrest and the police report exonerates him.

Subjects

  • anticipatory bail
  • withdrawal
  • police exoneration
  • Criminal Procedure Code
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64783 of 2025
                       Arising Out of PS. Case No.-42 Year-2025 Thana- BIRAUL District- Darbhanga
                 ======================================================
                 MD. JASIM ANSARI @ MD. JASIM ANSARI @ JASIM @ MD. JASIM
                 S/o Lal Mohammad Resident of Village - Afzala Tole Khewa, Police Station-
                 Biraul, District- Darbhanga
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-02-2026                  1. Heard learned counsel for the petitioner and
                   learned A.P.P. for the State.
                                2. Learned counsel for the petitioner submits that
                   police after investigation submitted final form exonerating the
                   petitioner of the allegation, as such, for the present, petitioner
                   does not have any apprehension of arrest, thus, seeks permission
                   to withdraw the anticipatory bail application.
                                3. Permission is accorded.
                                4. Accordingly, the anticipatory bail application is
                   dismissed as withdrawn in connection with Biraul (Biroul) P.S.
                   Case No. 42 of 2025 pending in the Court of learned Additional
                   Chief Judicial Magistrate, Benipur, Darbhanga/Successor Court.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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