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Patna High Court

Lal Mohammad Miyan @ Lal Mohammad AnsariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The anticipatory bail application was dismissed as the earlier withdrawal was not justified.

Summary

The petitioner, Lal Mohammad Miyan, filed an anticipatory bail application in connection with a criminal case (PS Case No. 105 of 2025) under Sections 190, 191(2) and 191(3) of the Indian Penal Code. Earlier, a withdrawal petition had been filed and subsequently withdrawn before the Additional Sessions Judge, but no sufficient cause for the withdrawal was shown. The petitioner then approached the Patna High Court seeking anticipatory bail. The Court observed that once an anticipatory bail application is withdrawn and the petitioner fails to demonstrate a valid reason for re‑filing, the application cannot be entertained. Consequently, the High Court dismissed the anticipatory bail application.

Issues considered

  • The Court considered whether an anticipatory bail application can be entertained after a prior withdrawal without showing sufficient cause.

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal of application
  • Indian Penal Code
  • Section 190
  • Section 191
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7516 of 2026
                   Arising Out of PS. Case No.-105 Year-2025 Thana- Manuapul District- West Champaran
                 ======================================================
                 Lal Mohammad Miyan @ Lal Mohammad Ansari Son of Diljan Miyan
                 Resident of Village- Parsa, P.S.- Manuapul, District- West Champaran


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sharad Kumar Verma, Adv.
                 For the Opposite Party/s :        Mrs.Rina Sinha, APP.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed for granting

                   anticipatory bail to the petitioner in connection with Manuapul

                   P.S. Case No. 105 of 2025 registered for the offence under

                   Sections 190, 191(2), 191(3) with other allied sections.

                                3. It appears from the order dated 02.12.2025, passed

                   by the Court of Addl. Sessions Judge-III, West Champaran at

                   Bettiah that a withdrawal petition had been filed on behalf of

                   petitioner and others and upon a specific submission seeking

                   withdrawal of the application, the same was withdrawn.

                                4. Once anticipatory bail application was withdrawn

                   before the Court concerned and no sufficient cause has been

                   shown for such withdrawal, this Court finds no reason to
            Patna High Court CR. MISC. No.7516 of 2026(2) dt.04-02-2026
                                                        2/2




                      entertain the anticipatory bail application filed before this Court,

                      as such, the application stands dismissed.


                                                (Soni Shrivastava, J)
Harsh/-
U       T


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