Created by Fuzzy Cloud

Patna High Court

Chandan Kumar ThakurversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The anticipatory bail application is dismissed as withdrawn, and its withdrawal does not prejudice any future regular bail application.

Summary

Petitioner Chandan Kumar Thakur feared arrest in a case under Sections 310(2) and 311 of the B.N.S., 2023, based on a confessional statement of another accused and mobile‑tower location evidence. The investigating officer testified that the petitioner’s name was not in the FIR but emerged during investigation. The petitioner’s counsel sought and was granted permission to withdraw the anticipatory bail application. The court dismissed the anticipatory bail petition as withdrawn and clarified that any future regular bail application would be considered on its merits without prejudice. The personal appearance of the investigating officer was also dispensed with.

Issues considered

  • Whether an anticipatory bail application can be withdrawn by the petitioner.
  • Whether withdrawal of an anticipatory bail application prejudices the consideration of a subsequent regular bail application.
  • Whether the personal appearance of the investigating officer is mandatory in anticipatory bail proceedings.

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal
  • regular bail
  • investigation
  • mobile tower location
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81361 of 2025
                 Arising Out of PS. Case No.-111 Year-2025 Thana- ANDHRATHARHI District- Madhubani
                 ======================================================
                 Chandan Kumar Thakur Son of Dharmadeo Thakur Resident of Village-
                 Karhia Dihtol, Ward No. 11, P.S.- Rajnagar, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravindra Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   16-02-2026                  Heard learned counsel for the petitioner and Mr.

                   Chandra Bhushan Prasad, learned APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 310(2) and 311 of

                   B.N.S., 2023.

                                3. The S.H.O.-cum-Investigating Officer of the case,

                   in compliance of the order dated 02.02.2026, is present in Court.

                   The Investigating Officer, at the outset, submits that petitioner is

                   not named in the FIR and his name transpired during the course

                   of investigation in confessional statement of apprehended

                   accused and thereafter investigation against the petitioner was

                   carried out when it was found that his mobile’s tower location

                   was at the place of occurrence when the occurrence is alleged to

                   have been committed.
               Patna High Court CR. MISC. No.81361 of 2025(4) dt.16-02-2026
                                                           2/2




                                      4. Learned counsel appearing on behalf of the

                         petitioner, after arguing vehemently for sometime, realizing his

                         difficulty, seeks permission to withdraw the instant anticipatory

                         bail application.

                                      5. Permission is accorded.

                                      6. The instant anticipatory bail application is

                         dismissed as withdrawn.

                                      7. It is made clear that if petitioner surrenders and

                         seeks regular bail, the learned Trial Court shall consider the case

                         on its own merit without being prejudiced by the fact that

                         petitioner before this Court withdrew his anticipatory bail

                         application.

                                      8.    The     personal      appearance   of   S.H.O.-cum-

                         Investigating Officer of the case is dispensed with.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.