Patna High Court

Nagendra KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The anticipatory bail application was dismissed as withdrawn.

Summary

Nagendra Kumar filed an anticipatory bail application before the Patna High Court in a criminal miscellaneous case. The court granted him a week to rectify certain defects in the application, but the defects remained unrectified. The petitioner subsequently sought permission to withdraw the anticipatory bail application and to file a fresh one. The court allowed the withdrawal and dismissed the original anticipatory bail application as withdrawn. No substantive merits of the bail request were considered, as the application was withdrawn at the petitioner's request.

Issues considered

What procedural requirements must be satisfied for an anticipatory bail application to remain pending?
Can an anticipatory bail application be withdrawn by the petitioner, and what is the effect of such withdrawal?

Subjects

anticipatory bail
withdrawal of application
criminal procedure
High Court order

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.72920 of 2025
                     Arising Out of PS. Case No.-44 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
                                                      District- Khagaria
                   ======================================================
                   Nagendra Kumar S/O Ramashish Singh R/O Vill.- Sakhuana, P.S.- Sahar,
                   District- Bhojpur at Ara.

                                                                                ... ... Petitioner/s
                                                       Versus
                   The State of Bihar

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :      Mr. Shashank Shekhar, Advocate
                   For the Opposite Party/s :      Ms. Pushpa Sinha-1, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                         ORAL ORDER

3     15-01-2026                  Heard learned counsel for the petitioner and learned
                     APP for the State.
                                  2. Learned APP, at the outset, submits that the case
                     was taken up on 20.11.2025 when a week’s time was granted to
                     the petitioner for removing the defects but then it appears that
                     the defects till date have not been removed.
                                  3. At this stage, learned counsel for the petitioner
                     seeks permission to withdraw the instant anticipatory bail
                     application with liberty to file afresh.
                                  4. Permissions is accorded.
                                  5. The instant anticipatory bail application is
                     dismissed as withdrawn.


                                                (Satyavrat Verma, J)

Sanjay/-

U          T

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