Patna High Court
Balkrishna ChoubeyversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SONI SHRIVASTAVA
Holding
The application for cancellation of bail is dismissed as withdrawn, with liberty to approach the court that granted anticipatory bail.
Summary
The petitioner, Balkrishna Choubey, filed an application seeking cancellation of bail granted to the opposite parties. He later requested withdrawal of this application, citing that he had failed to disclose an earlier anticipatory bail application that had been dismissed as withdrawn on 17-10-2024. The court examined whether the non‑disclosure warranted any procedural sanction and considered the appropriate forum for seeking cancellation of bail. It held that the petitioner could approach the court that originally granted anticipatory bail for any further relief. Consequently, the application for cancellation of bail was dismissed as withdrawn, with liberty granted to the petitioner to approach the concerned court.
Issues considered
- What is the effect of non‑disclosure of a prior anticipatory bail application on a pending application for cancellation of bail?
- Whether the petitioner may withdraw the application for cancellation of bail and approach the court that granted anticipatory bail.
Subjects
- bail
- anticipatory bail
- withdrawal of application
- non-disclosure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71139 of 2025
Arising Out of PS. Case No.-28 Year-2024 Thana- DUMRAO District- Buxar
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Balkrishna Choubey Son of Late Kapilmuni Choubey Resident of Village -
Khirauli, P.S.- Dumraon, District - Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ashish Dwivedi Son of Late Prabhakar Dwivedi R/O- Kharahatand, P.S.-
Simari, District - Buxar.
3. Uma Dwivedi Wife of Late Prabhakar Dwivedi R/O- Kharahatand, P.S.-
Simari, District - Buxar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 05-01-2026 After some arguments, learned counsel for the
petitioner prays for withdrawal of the present application for
cancellation of bail giving liberty to the petitioner to approach
the Court concerned which had granted bail to the opposite
parties for redressal of his grievances as he has raised an issue
that there is non-disclosure before the Court concerned about
another application for anticipatory bail having been filed earlier
which was dismissed as withdrawn on 17.10.2024.
2. Considering non-disclosure of the said fact, it
would be a desirable course to file an application for
cancellation of bail before the Court concerned which has
Patna High Court CR. MISC. No.71139 of 2025(2) dt.05-01-2026
2/2
granted anticipatory bail to the opposite parties.
3. The present application for cancellation of bail is
thus dismissed as withdrawn with the liberty aforesaid.
(Soni Shrivastava, J)
Harsh/-
U T
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