Patna High Court

Sanjay SahniversusThe State of Bihar

Decided: 16 January 2026
Disposal: WITHDRAWN
Bench: PRABHAT KUMAR SINGH

Holding

The court may permit the withdrawal of an anticipatory bail petition and dismiss it as withdrawn.

Summary

Petitioner Sanjay Sahni filed an anticipatory bail petition under the provisions of the Criminal Procedure Code. The petitioner, through counsel Mr. Sauravh Singh, later sought the court's permission to withdraw the petition. The court considered whether it has the authority to allow a petitioner to withdraw an anticipatory bail application. It held that the court may, at its discretion, permit withdrawal provided there is no prejudice to the public interest or the investigation. Accordingly, the court granted permission to withdraw and dismissed the anticipatory bail petition as withdrawn.

Issues considered

Whether an anticipatory bail petition may be withdrawn by the petitioner with the court's permission

Subjects

anticipatory bail
withdrawal of petition
Criminal Procedure Code
Section 438
court discretion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.78444 of 2025
                   Arising Out of PS. Case No.-25 Year-2025 Thana- Gadhiya Bazar District- East Champaran
                  ======================================================
                  Sanjay Sahni S/o- Yogi Sahni Village- Khairwa, P.S.- Garahiya Bazar, District
                  - East Champaran

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Sauravh Singh
                  For the Opposite Party/s :        Mr.Md. Mushtaque Alam
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

3    16-01-2026                    Learned counsel for the petitioner seeks permission

                    to withdraw this anticipatory bail petition.

                                 2. Permission is granted.

                                 3. The anticipatory bail petition stands dismissed as

                    withdrawn.



                                           (Prabhat Kumar Singh, J)
anay/-

U        T

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