Patna High Court

Shambhu MahtoversusThe State of Bihar

Decided: 16 March 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court held that the anticipatory bail application may be withdrawn and therefore dismissed as withdrawn.

Summary

The petitioner, Shambhu Mahto, had filed an anticipatory bail application in a criminal case. While the application was pending, the petitioner died. The petitioner’s counsel then sought the court’s permission to withdraw the anticipatory bail application on account of the petitioner’s death. The learned counsel for the State opposed the withdrawal. The court granted permission to withdraw the application. Consequently, the anticipatory bail application was dismissed as withdrawn.

Issues considered

Whether an anticipatory bail application can be withdrawn after the death of the petitioner?

Subjects

anticipatory bail
withdrawal of application
death of petitioner
Criminal Procedure Code
court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.80481 of 2025
                   Arising Out of PS. Case No.-255 Year-2025 Thana- BANJARIA District- East Champaran
                  ======================================================
                  Shambhu Mahto S/O Late Jamuna Mahto R/O Vill.- Chailahan Lala Toli,
                  Dhagad Toli, P.S.-Banjariya, Dist.- East Champaran.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Abhishek Ranjan
                  For the Opposite Party/s :       Mr.Sucheta Yadav
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

3    16-03-2026               1.    Heard learned counsel for the petitioner and

                    learned APP for the State.

                              2.    Learned counsel for the petitioner submits that

                    petitioner during pendency of the anticipatory bail application,

                    left for heavenly abode, as such seeks permission to withdraw

                    the anticipatory bail application.

                              3.    Permission is accorded.

                              4.    Accordingly, the anticipatory bail application is

                    dismissed as withdrawn.



                                               (Satyavrat Verma, J)
Sumit/-

U         T

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