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Patna High Court

Sonu Kumar @ Sonu RayversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The anticipatory bail application is dismissed as withdrawn.

Summary

The petitioner, Sonu Kumar, filed an anticipatory bail application under Sections 82 and 83 of the Criminal Procedure Code. The petitioner’s counsel informed the court that the process under these sections had already been issued and executed, and that the petitioner intended to surrender to the trial court within two weeks. The petitioner sought permission to withdraw the anticipatory bail petition. The court accepted the request, allowing the withdrawal and ordering the petition to be dismissed as withdrawn. Consequently, the anticipatory bail application was terminated and the petitioner will surrender as indicated.

Issues considered

  • Whether an anticipatory bail application under Sections 82 and 83 CrPC can be withdrawn by the petitioner after the process has been issued and executed
  • Whether the court may permit the petitioner to surrender to the trial court after withdrawing the anticipatory bail petition

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal of petition
  • CrPC
  • surrender
  • criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.72485 of 2025
                      Arising Out of PS. Case No.-1961 Year-2015 Thana- VAISALI COMPLAINT CASE
                                                      District- Vaishali
                  ======================================================
                  Sonu Kumar @ Sonu Ray Son of Late Ganga Ray Resident of Village -
                  Rasulpur, P.S. - Nayagaon, District - Saran.
                                                                  ... ... Petitioner/s
                                                      Versus
            1.     The State of Bihar
            2.     Soni Devi W/o Sonu Kumar @ Sonu Ray Resident of Village - Ghataro, P.S.
                   - Kartahan, District - Vaishali.
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr.Rajeev Ranjan No. Ii
                  For the Opposite Party/s :     Mr.Rita Verma
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

3    23-04-2026                     Heard learned counsel for the petitioner and learned

                    counsel appearing on behalf of Opposite Party NO.2.

                                 2. Learned counsel for the petitioner at the outset fairly

                    submits that process under Section 82 and 83 Cr.P.C. has been

                    issued and process under Section 83 Cr.P.C. has been executed and

                    seeks permission to withdraw this petition.

                                 3. It is also submitted that petitioner will surrender before

                    the learned trial Court within a period of two weeks from today.

                    Prayer is allowed.

                                 4. Accordingly, this anticipatory bail application is

                    dismissed as withdrawn.


sanjeev/-                                                         (Satyavrat Verma, J)
U


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