Created by Fuzzy Cloud

Patna High Court

Ghanshyam Mishra @ Ghanshyam Kumar MishraversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court allowed the withdrawal of the anticipatory bail petition and dismissed it, granting the petitioners liberty to surrender before the trial court for regular bail.

Summary

The petitioners, Ghanshyam Mishra and Dipak Mishra, filed an anticipatory bail petition in the Patna High Court under Sections 103(1), 238 and 3(5) of the Bhartiya Nayay Sanhita, 2023, fearing arrest. During the hearing, they sought the Court’s permission to withdraw the anticipatory bail application and instead surrender before the trial court to seek regular bail. The learned counsel for the petitioners was allowed to withdraw the petition. The Court granted liberty to the petitioners to surrender before the trial court and to make a fresh application for regular bail. Consequently, the anticipatory bail petition was dismissed as withdrawn, without prejudice to any further regular bail application. The trial court may now consider the regular bail prayer in accordance with law.

Issues considered

  • Whether an anticipatory bail petition may be withdrawn by the petitioners and liberty be granted to surrender before the trial court for regular bail

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal of petition
  • regular bail
  • criminal procedure
  • Bhartiya Nayay Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82053 of 2025
                       Arising Out of PS. Case No.-257 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
           1.     Ghanshyam Mishra @ Ghanshyam Kumar Mishra S/o- Late Lalan Mishra
                  R/v- Panapur Ps- panapur Dist- Saran
           2.    Dipak Mishra @ Digvijay Nath Mishra S/o- Ghanshyam Mishra @
                 Ghanshyam Kumar Mishra R/v- Panapur Ps- panapur Dist- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ram Binod Singh
                 For the Opposite Party/s :       Mr.Madhura Nand Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   22-01-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case,

                   registered for offence under Sections 103(1), 238 and 3(5) of

                   Bhartiya Nayay Sanhita, 2023.

                                3. However, after some argument, learned counsel for

                   the petitioners seeks permission to withdraw this anticipatory

                   bail petition granting liberty to the petitioners to surrender

                   before the Court below and make a prayer for regular bail.

                                4. Permission granted.

                                5. The anticipatory bail petition stands dismissed as

                   withdrawn with liberty, as indicated above.                     If petitioners
           Patna High Court CR. MISC. No.82053 of 2025(3) dt.22-01-2026
                                                       2/2




                     surrender before the Trial Court and make a prayer for regular

                     bail, the learned Trial Court, without being prejudiced with this

                     order, may examine the same and pass appropriate order in

                     accordance with law.



                                                       (Prabhat Kumar Singh, J)
anay

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.