Patna High Court
Paras Jawahar Lal Dungarwal @ Paras Javeri Lal DungarwalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court permitted the petitioners to withdraw the anticipatory bail petition and disposed of the application.
Summary
Eight petitioners, residents of Maharashtra, feared arrest in Purnea Sadar Police Station Case No. 159 of 2021, which alleged offences under Sections 363, 365, 385, 406, 419 and 420 of the Indian Penal Code. They invoked an earlier order dated 07.08.2025 in Paras Jawahar Lal Dungarwal & Ors. v. State of Bihar, which had stayed the operation of the cognizance order dated 19.04.2024. Counsel for the petitioners sought liberty to withdraw the anticipatory bail application, arguing that interim protection already existed and that a fresh petition could be filed if circumstances changed. The Court examined whether the petition could be withdrawn without prejudice and whether any further relief was warranted. Finding no merit in continuing the application, the Court granted the petitioners liberty to withdraw the petition and disposed of the anticipatory bail application.
Issues considered
- The court’s jurisdiction to allow withdrawal of an anticipatory bail petition with liberty to re‑file.
- Whether the interim stay of the cognizance order obviates the need for anticipatory bail.
Legislation cited
- Indian Penal Code — s. 363, 365, 385, 406, 419, 420
Subjects
- anticipatory bail
- stay of cognizance
- Indian Penal Code
- withdrawal of petition
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66421 of 2025
Arising Out of PS. Case No.-159 Year-2021 Thana- PURNEA SADAR District- Purnia
======================================================
1. Paras Jawahar Lal Dungarwal @ Paras Javeri Lal Dungarwal S/o Javari Lal
Dungarwal R/o Bhagya Laxmi Niwas behind bus stop Ghodak Nagar, P.S. -
Chandwada, Distt.- Nashik, Maharashtra
2. Rameshwar Kalantri @ Rameshwar Eknath Kalantri S/o Eknath Narsingdas
Kalantri R/o Sri Krishna Housing Society Vichur Road, P.S.- Yeola, Distt.-
Nashik, Maharashtra
3. Sohan Lal Bhandari @ Sohan Lal Mohan Lal Bhandari S/o Late Mohan Lal
Lachi Ramhandari R/o 439 Main Road Impalgaon Baswant, P.S.-
Pimpalgaon, Distt.- Nashik, Maharashtra
4. Sanjay Shvichand @ Sanjay Kumar Shiv Chand Lalwani S/o Shivchand
Lalwani R/o vinay Bhavan near Guru Govind High School, P.S.- Manmad,
Distt.- Nashik, Maharshtra
5. Shanker Seth @ Shankar Lal Mulji Thakkar S/o Late muljee R/o Shivagi
Nagar, P.S. - Pimpalgaon Baswant, Distt.- Nashik, Maharashtra
6. Viju Seth @ Bafna @ Vijay Raj Lakhichand Bafna S/o Late Kakhichand
Bafna R/o Baphna Compound, P.S.- Pimpalgaon, Distt.- Nashik,
Maharashtra
7. Balu Seth @ Moti Lal Dinu Lal Saha S/o Late Dhuni Lal Shah R/o Shivangi
Nagar Kalidas Society, P.s.- Pimpalgaon Baswant, Distt.- Nashik,
Maharashtra
8. Hiru Seth @ Hiralal Manakchand Pagariya S/o Late Anak Chand Pagariya
R/o Mahabir Nagar Pipalgaon Baswant, P.s.- Pipalgaon Basmant, Distt.-
Nashik, Maharashtra
... ... Petitioner/s
Versus
1. The State of Bihar
2. Surendra Kumar Bhagat S/o Late Sitaram Bhagat R/o Sunauli Chowk,
Gulabbag, Hansda Road, Purnea Sadar, Distt.- Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 21-01-2026 Heard Mr. Rajeev Kumar Singh, learned counsel for
the petitioners and the State.
2. The petitioner is apprehending his arrest in
connection with Purnea Sadar P.S. Case No. 159 of 2021 for the
offence under sections 363, 365, 385, 406, 419 and 420 of the
Patna High Court CR. MISC. No.66421 of 2025(5) dt.21-01-2026
2/2
I.P.C. lodged on 01.04.2021 by the informant, Surendra Kumar
Bhagat.
3. At the outset, Mr. Singh has taken this Court to an
order dated 07.08.2025 passed in Cr. Misc. No. 56371 of 2025
[Paras Jawahar Lal Dungarwal & Ors. vs. The State of Bihar &
Ors (quashing petition)] in which while issuing notice to the
opposite party no. 4, the operation of the order of cognizance
dated 19.04.2024 passed by the Additional Chief Judicial
Magistrate-I/His Successor Court, Purnea in connection with
Purnea Sadar P.S. Case No. 159 of 2021 has been stayed.
4. Learned counsel for the petitioners submit that in
view of the fact that interim protection has been granted in the
said case, for the present, he may be allowed to withdraw the
petition with liberty to file the same afresh if situation so arise.
5. In view of the aforesaid facts narrated, granting the
said liberty, the anticipatory bail application stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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