Patna High Court
DIPAK MAHTOversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application was dismissed as withdrawn.
Summary
Dipak Mahto filed an anticipatory bail application but inadvertently submitted it as a regular bail petition. During the pendency of the application he was arrested, and he sought the court’s permission to withdraw the bail petition. The court granted permission to withdraw and dismissed the anticipatory bail application as withdrawn. No substantive merits of the bail claim were examined. The order dealt solely with the procedural defect and the petitioner’s request to withdraw.
Issues considered
- Whether an anticipatory bail application filed erroneously as a regular bail petition can be withdrawn after the petitioner’s arrest
- Whether the court may dismiss the anticipatory bail application as withdrawn
Subjects
- anticipatory bail
- withdrawal
- bail procedure
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6781 of 2026
Arising Out of PS. Case No.-444 Year-2025 Thana- KESARIA District- East Champaran
======================================================
DIPAK MAHTO Son of Shiv Balak Mahto Resident of village - Kadhan, P.S.-
Kesariya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha
For the Opposite Party/s : Mr. Ajay Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Learned counsel for the petitioner at the outset
submits that inadvertently instead of anticipatory bail, regular
bail application has been typed and thus submits that the said
defect would be rectified during the course of the day. It is
further submitted that petitioner during pendency of the instant
anticipatory bail application was arrested, thus seeks permission
to withdraw the same.
3. Permission is accorded.
4. The anticipatory bail application of the petitioner is
dismissed as withdrawn.
(Satyavrat Verma, J)
amit/-
U T
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