Patna High Court

Rajnish KumarversusThe State of Bihar

Decided: 5 February 2026
Disposal: WITHDRAWN
Bench: CHANDRA SHEKHAR JHA

Holding

The Court dismissed the anticipatory bail petition as withdrawn, granting the petitioner permission to withdraw it with liberty to approach the Court later.

Summary

The petitioner, Rajnish Kumar, filed an anticipatory bail petition in the High Court of Patna. He later sought permission to withdraw the petition, citing a prior order (Cr. Misc. No. 40976 of 2025) that stayed further proceedings against him before the trial court. The petitioner argued that there was no longer any apprehension of arrest, and therefore the bail petition was no longer necessary. The learned counsel for the State opposed the withdrawal. The Court, after hearing both sides, allowed the withdrawal and dismissed the anticipatory bail petition as withdrawn, while granting the petitioner liberty to approach the Court again if needed.

Issues considered

Whether a petitioner may withdraw an anticipatory bail petition after a stay order has been passed in the underlying criminal case
Whether the Court can dismiss the anticipatory bail petition as withdrawn upon the petitioner's request

Subjects

anticipatory bail
withdrawal of petition
stay order
criminal procedure
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.72901 of 2025
                        Arising Out of PS. Case No.-425 Year-2024 Thana- GORAUL District- Vaishali
                  ======================================================
                  Rajnish Kumar Son of Mr. Ramnath roy R/o Vill. - Lakhimpur, Maudah, P.S. -
                  Harilochanpur, Dist. - Vaishali at Hajipur.
                                                                             ... ... Petitioner/s
                                                       Versus
                  The State of Bihar
                                                                      ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Rajeev Kumar Singh, Adv.
                  For the Opposite Party/s :        Mr. Nirmal Kumar Sinha, Adv.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                        ORAL ORDER
3    05-02-2026                    Heard the parties.

                                 2. Mr. Rajeev Kumar Singh, learned counsel for the

                    petitioner seeks permission to withdraw the present anticipatory

                    bail petition in view of the order of this Court passed in Cr. Misc.

                    No. 40976 of 2025 dated 02.07.2025, where further proceeding

                    qua petitioner was stayed before learned trial court.

                                 3. In view of aforesaid, it is submitted that there is no

                    apprehension of arrest for the present and as such he be permitted

                    to withdraw the present petition with liberty to approach this Court

                    as and when occasion arises.

                                 4. Considering aforesaid, the present anticipatory bail

                    petition stands dismissed as withdrawn for the present, however,

                    with aforesaid liberty.



                                                              (Chandra Shekhar Jha, J)
Sudha/-
U       T

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