Patna High Court

Bacha MahtoversusThe State of Bihar

Decided: 4 February 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The Court held that an anticipatory bail application may be withdrawn with the Court's permission.

Summary

Petitioner Bacha Mahto filed an anticipatory bail application in a criminal case. The petitioner sought to withdraw the application, citing that the affidavit was sworn by his wife, who is also an accused. The petitioner requested permission to withdraw the anticipatory bail and to file a fresh application later. The Court, after hearing counsel, granted permission to withdraw. Consequently, the anticipatory bail application was dismissed as withdrawn.

Issues considered

What is the procedure for withdrawing an anticipatory bail application?

Subjects

anticipatory bail
withdrawal of application
criminal procedure
affidavit
accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86383 of 2025
                   Arising Out of PS. Case No.-218 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Bacha Mahto S/O Indradeo Mahto Resident of Village- Bantail, P.S-
                 Kuchaikot, Distt.- Gopalganj.
                                                                   ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dharmveer, Advocate
                 For the Opposite Party/s :      Mr. Murli Dhar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. Learned counsel for the petitioner at the outset very

                   fairly submits that the affidavit has been sworn by the wife of

                   the petitioner who is also an accused, thus, seeks permission to

                   withdraw the anticipatory bail application with a liberty to file

                   afresh.

                                3. Permission is accorded.

                                4. Accordingly, the anticipatory bail application is

                   dismissed as withdrawn.


                                                                       (Satyavrat Verma, J)

Kundan/-

U     T

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