Patna High Court

Tinku Sao @ Gyan Prakash TinkuversusThe State of Bihar

Decided: 22 January 2026
Disposal: WITHDRAWN
Bench: PRABHAT KUMAR SINGH

Holding

Permission to withdraw the anticipatory bail petition was granted, and the petition was dismissed as withdrawn.

Summary

The petitioners filed an anticipatory bail application before the Patna High Court. Their counsel later sought permission to withdraw the petition, stating that the investigating officer had already extended the benefit of Section 41(1) of the Criminal Procedure Code to them. The court considered whether a petition for anticipatory bail could be withdrawn after such a development. It held that the petitioners were entitled to withdraw the application with the court's permission. Accordingly, the court granted the request and dismissed the anticipatory bail petition as withdrawn.

Issues considered

Whether the petitioners may be allowed to withdraw an anticipatory bail petition after the investigating officer has extended Section 41(1) protection.

Legislation cited

Code of Criminal Procedure, 1973 — s. 41(1)

Subjects

anticipatory bail
withdrawal of petition
Section 41(1)
Criminal Procedure Code
High Court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.82881 of 2025
                          Arising Out of PS. Case No.-301 Year-2020 Thana- BODHGAYA District- Gaya
                    ======================================================
              1.     Tinku Sao @ Gyan Prakash Tinku S/o Ajit Saw @ Ajit Kumar Saw R/o
                     Village- Bodhgaya Bazar, P.S.- Bodhgaya, District- Gaya
              2.    Golu Gupta @ Ratan Kumar S/o Ramji Saw @ Ramji Prasad Gupta R/o
                    Village- Bodhgaya Bazar, P.S.- Bodhgaya, District- Gaya
              3.    Vicky Kumar @ Vicky Sao S/o Sunil Prasad R/o Village- Chaina mandir
                    Bodhgaya, P.S.-Bodhgaya, District-Gaya.
              4.    Birju Saw @ Birju Kumar Saw S/o Late Rameshwar Saw @ Rameshwar
                    Kumar Saw R/o Village- Chaina mandir Bodhgaya, P.S.-Bodhgaya, District-
                    Gaya.
              5.     Manish Saw @ Manish Kumar Gupta S/o Rameshwar Saw @ Rameshwar
                     Kumar R/o Village- Chaina mandir Bodhgaya, P.S.-Bodhgaya, District-
                     Gaya.
                                                                          ... ... Petitioner/s
                                                  Versus
                    The State of Bihar
                                                                   ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       Mr.Ajay Kumar Sinha
                    For the Opposite Party/s :       Mr.Surendra Prasad Singh
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

3      22-01-2026                    Learned counsel for the petitioners seeks permission

                      to withdraw this anticipatory bail petition, since investigating

                      officer of the case has already extended the benefit of Section

                      41(1) of Cr.P.C. to these petitioners.

                                   2. Permission is granted.

                                   3. The anticipatory bail petition stands dismissed as

                      withdrawn.



                                             (Prabhat Kumar Singh, J)
anay

U        T

Continue reading with your account

Checking your session…