Patna High Court
Lal Mohammad Miyan @ Lal Mohammad AnsariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SONI SHRIVASTAVA
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 Earlier, a withdrawal petition had been filed and subsequently withdrawn before the Additional Sessions Judge, but no sufficient cause for the withdrawal was shown.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 The Court observed that once an anticipatory bail application is withdrawn and the petitioner fails to demonstrate a valid reason for re‑filing, the application cannot be entertained.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
- Indian Penal Code — s. 190, 191(2), 191(3)
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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