Patna High Court

Soni DeviversusThe State of Bihar

Decided: 7 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The Court permitted the withdrawal of the anticipatory bail application and allowed the petitioner to re‑file it later.

Summary

The petitioner, Soni Devi, filed an anticipatory bail application before the Patna High Court in a criminal miscellaneous case arising from an excise investigation. The petitioner’s counsel sought the Court’s permission to withdraw the anticipatory bail application, requesting liberty to re‑file it after the impugned order is rectified. The State, represented by an Additional Public Prosecutor, opposed the withdrawal. The Court examined whether a party may be allowed to withdraw an anticipatory bail application and re‑file it later. Finding no legal impediment, the Court granted the petitioner's request. Consequently, the Court directed the office to hand over all annexures to the petitioner’s counsel, except the vakalatnama.

Issues considered

Whether the petitioner may be permitted to withdraw an anticipatory bail application and re‑file it after rectification of the impugned order

Subjects

anticipatory bail
withdrawal of application
criminal procedure
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.67211 of 2025
                      Arising Out of PS. Case No.-1417 Year-2023 Thana- Excise P.S. District- Darbhanga
                  ======================================================
                  Soni Devi W/o- Baban Mahto R/o- Jatmalpur Tira W.No-10, Ps- Kalyanpur
                  Dist- Samastipur

                                                                                       ... ... Petitioner/s
                                                          Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :         Ms. Madhumala Kumari, Advocate
                  For the Opposite Party/s :         Mr. Umeshanand Pandit, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

3    07-01-2026                  1. Heard learned counsel for the petitioner and

                    learned A.P.P. for the State.

                                 2. The learned counsel for the petitioner, at the outset,

                    seeks permission to withdraw the anticipatory bail application

                    with liberty to file afresh, after getting the order impugned

                    rectified.

                                 3. Permission is accorded.

                                 4. The office is directed to hand over all the

                    annexures to the learned counsel appearing on behalf of the

                    petitioner except Vakalatnama.



                                                            (Satyavrat Verma, J)
Rishabh/-
U      T

Continue reading with your account

Checking your session…