Patna High Court
Chandan Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
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The anticipatory bail application is dismissed as withdrawn, and its withdrawal does not prejudice any future regular bail application.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 The court dismissed the anticipatory bail petition as withdrawn and clarified that any future regular bail application would be considered on its merits without prejudice.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- Whether an anticipatory bail application can be withdrawn by the petitioner.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
- B.N.S., 2023 — s. 310(2), 311
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
Checking your session…