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Patna High Court

Shriram Singh @ Dhudhali SinghversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court allowed the petitioner to withdraw the anticipatory bail application.

Summary

Shriram Singh was served a notice under Section 35 of the BNSS after the police decided not to arrest him. Since he had no apprehension of arrest, he petitioned the High Court to withdraw his anticipatory bail application, seeking liberty to file a fresh application if needed. The court examined the petition and the State's response, and found no impediment to allowing the withdrawal. Accordingly, the court granted permission to withdraw the anticipatory bail. The anticipatory bail application was dismissed as withdrawn.

Issues considered

  • Whether an anticipatory bail application can be withdrawn when the petitioner has no apprehension of arrest

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal
  • Section 35 notice
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87929 of 2025
                      Arising Out of PS. Case No.-97 Year-2025 Thana- SONEBARSA District- Buxar
                 ======================================================
                 Shriram Singh @ Dhudhali Singh S/o Baban Singh Resident of Village-
                 Chanwath, P.S.- Sonvarsha, District- Buxar
                                                                      ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Shankar Pathak, Advocate
                 For the Opposite Party/s :       Mr. Anant Kumar 1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. Learned counsel for the petitioner submits that

                   petitioner has been given notice under Section 35 of the BNSS

                   since the police have decided not to arrest him, as such, the

                   petitioner does not have any apprehension of arrest, hence,

                   seeks permission to withdraw the anticipatory bail application

                   with liberty to the petitioner to file afresh if need arises.

                                3. Permission is accorded.

                                4. Accordingly, the anticipatory bail application is

                   dismissed as withdrawn.


                                                                       (Satyavrat Verma, J)

Kundan/-

U     T


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