Patna High Court
Krishna SrivastavaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The anticipatory bail application was dismissed as withdrawn due to non‑attachment of the required earlier rejection order.
Summary
The petitioners filed an anticipatory bail application before the Patna High Court without attaching the earlier order rejecting their previous application. The court noted that the required document was not placed on record. Consequently, the court dismissed the application as withdrawn, granting the petitioners liberty to file a fresh application with the necessary orders attached. No merits of the bail request were considered. The decision underscores the necessity of procedural compliance in filing anticipatory bail applications.
Issues considered
- Can an anticipatory bail application be entertained without the earlier rejection order being placed on record?
Subjects
- anticipatory bail
- procedural compliance
- withdrawal of application
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 74230 of 2024
Arising Out of PS. Case No.-101 Year-2023 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
1. Krishna Srivastava Son of Yogendra Prasad Verma Resident of Village- P.O.-
Bheriharwa, P.S.- Sathi, Distt.- West Champaran
2. Ram Bhajan Kumar Verma Son of Yogendra Prasad Verma Resident of
Village- P.O.- Bheriharwa, P.S.- Sathi, Distt.- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rupali Bhagat W/o Diwakar Bhagat @ Atul Kumar R/S -C-28, Janakpuri,
W. Delhi- 11005, Permanent Address- Basantpur, P.s.- Ramgadhwa, Distt.-
East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surabhi Suman, Advocate
For the State : Mrs. Anita Kumari, A.P.P.
For the Informant : Mr. Vishal Prasad, Advocate
Mrs. Tripti Singh, Advocate
=====================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-02-2026 Heard the learned counsel for the petitioners, the
learned counsel for the informant and the learned A.P.P. for the
State.
2. This application has been filed without bringing on
record the earlier rejection order as discussed in the impugned
order.
3. Accordingly, this application is dismissed as
withdrawn with liberty to the petitioners to file a fresh
Patna High Court CR. MISC. No. 74230 of 2024(4) dt.09-02-2026
2/2
anticipatory bail application properly after annexing both the
orders.
(Sandeep Kumar, J)
vashudha/-
U T
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