Created by Fuzzy Cloud

Patna High Court

Shashi KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition is dismissed as withdrawn.

Summary

Shashi Kumar filed an anticipatory bail petition in the Patna High Court arising from a criminal case registered in Gaya. The petitioner’s counsel argued that the matter had been referred to mediation, which reportedly succeeded as per the mediator’s report dated 11‑02‑2026. However, the petitioner later expressed unwillingness to comply with the conditions recorded in the mediation report and sought to withdraw the anticipatory bail application. The court granted permission to withdraw the petition. Consequently, the court dismissed the petition as withdrawn, without addressing the merits of the bail application.

Issues considered

  • Whether the anticipatory bail application should be entertained after successful mediation
  • Whether the petitioner can withdraw the anticipatory bail petition after filing

Subjects

  • anticipatory bail
  • mediation
  • withdrawal of petition
  • criminal procedure
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72852 of 2025
                  Arising Out of PS. Case No.-1236 Year-2020 Thana- GAYA COMPLAINT CASE District-
                                                          Gaya
                 ======================================================
                 Shashi Kumar S/O Suresh Goswami Resident of Village- Shrinagar, P.S.-
                 Masaurhi, District- Patna

                                                                               ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Priya Goswami D/O Gopal Goswami R/O Mohalla - Dhaniya Bagicha, P.S.-
                 Delha, Dist.- Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sheo Kumar Prasad
                 For the Opposite Party/s :      Mr.Tapeshwar Sharma
                                                 Mr.Sita Ram Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   28-04-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the complainant.

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

                   submits that the case was referred for mediation and mediation

                   succeeded as would manifest from the mediation report of the

                   learned Mediator dated 11.02.2026. The learned counsel next

                   submits that though mediation succeeded but then petitioner

                   now is not willing to abide by the conditions recorded in the

                   mediation report. The learned counsel for the petitioner further

                   submits that he has instructions to withdraw the present

                   anticipatory bail application.
               Patna High Court CR. MISC. No.72852 of 2025(4) dt.28-04-2026
                                                           2/2




                                      3. Permission is accorded.

                                      4. Accordingly, instant petition is dismissed as

                         withdrawn.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.