Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The application for cancellation of anticipatory bail was disposed, permitting the petitioner to withdraw it and approach the court that granted the bail.
Summary
The petitioner, Pramod Kumar, filed an application seeking cancellation of the anticipatory bail granted to the opposite party, Gauri Shankar Ray. The ground for cancellation was alleged threat and intimidation, for which the petitioner had already filed a representation before the police. During the hearing, the petitioner requested to withdraw the application and approach the court that had originally granted the anticipatory bail. The learned judge considered the request and allowed the withdrawal. Consequently, the application was disposed, with liberty granted to the petitioner to move before the concerned court for further relief.
Issues considered
- What is the appropriate procedure for seeking cancellation of an anticipatory bail order?
- Can an application for cancellation of anticipatory bail be withdrawn by the petitioner?
Subjects
- anticipatory bail
- bail cancellation
- withdrawal of application
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73917 of 2025
Arising Out of PS. Case No.-416 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Pramod Kumar Son of Mahavir Prasad R/o Brahamsthan Balughat, P.S.-
Sikandarpur, District - Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gauri Shankar Ray Son of Ram Ekbal Ray R/o Village - Bhikhanpur,
Umanagar, P.S.- Ahiyapur, Dist.- Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akanksha Verma, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. After some arguments, learned counsel for the
petitioner prays to withdraw the present application in order to
move before the learned Court concerned who has granted the
privilege of anticipatory bail to opposite party no.2, which
would be the desirable course as the ground for cancellation of
bail taken is primarily that of threatening and intimidating,
regarding which the petitioner has already filed representation
before the police.
3. In such view of the matter, the present application
is disposed of with the liberty to the petitioner to move before
Patna High Court CR. MISC. No.73917 of 2025(2) dt.06-01-2026
2/2
the learned Court concerned who has granted the anticipatory
bail to opposite party no.2.
(Soni Shrivastava, J)
Trivedi/-
U T
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