Patna High Court

Pintu @ Pintu KhanversusThe State of Bihar

Decided: 17 January 2026
Disposal: WITHDRAWN
Bench: AJIT KUMAR

Holding

The Court may permit the withdrawal of an anticipatory bail petition and dismiss it as withdrawn.

Summary

Pintu Khan filed an anticipatory bail petition before the Patna High Court under the provisions of the Criminal Procedure Code. The petitioner later approached the Court seeking permission to withdraw the petition, citing the need to pursue an appropriate remedy elsewhere. The learned counsel argued that the petitioner was free to withdraw the application and that such withdrawal would not prejudice any party. The Court exercised its inherent jurisdiction to allow the withdrawal of an anticipatory bail petition, noting that there was no legal impediment to doing so. Consequently, the Court granted permission to withdraw and dismissed the petition as withdrawn.

Issues considered

Whether a petitioner may be permitted to withdraw an anticipatory bail petition under the Criminal Procedure Code

Legislation cited

Code of Criminal Procedure, 1973 — s. 438

Subjects

anticipatory bail
withdrawal of petition
Criminal Procedure Code
High Court
jurisdiction

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.69342 of 2025
                     Arising Out of PS. Case No.-409 Year-2025 Thana- BHAGWAN BAZAR District- Saran
                   ======================================================
                   Pintu @ Pintu Khan S/o- Sahabuddin Khan @ Sahabuddin @ Sabuddin Khan
                   Vill- Gurdi Bazar , Near Chhoti Maszid, P.S- Bhagwan Bazar, Dist- Saran

                                                                                  ... ... Petitioner/s
                                                        Versus
              1.   The State of Bihar
              2.   XXXXX w/o- Mumtaz Khan Vill- Gurdi Bazar , Near Chhoti Maszid, P.S-
                   Bhagwan Bazar, Dist- Saran

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :     Mr. Jeetendra Narayan, Adv.
                   For the Opposite Party/s :     Mr. Anuj Kumar Shrivastava, APP
                   For the Informant        :     Mr. Aashish Kumar, Adv.
                                                  Mr. Avinash Kr. Pandey, Adv.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                         ORAL ORDER

4     17-01-2026                  Heard learned counsel for the parties.

                                  2. After some arguments, learned counsel for the

                     petitioner seeks permission of this Court to withdraw the instant

                     anticipatory bail petition for taking appropriate remedy.

                                  3. Permission is accorded.

                                  4. Dismissed as withdrawn.



                                                  (Ajit Kumar, J)
rishi/-

U         T

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