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Patna High Court

Bhola Singh @ Pradeep Kumar @ Pradeep Kumar SinghversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court permitted the withdrawal of the application and dismissed it as withdrawn, directing surrender and police compliance.

Summary

The petitioner, Bhola Singh, filed an application before the Patna High Court seeking relief, likely related to anticipatory bail, which had earlier been dismissed as non‑maintainable. During the hearing on 12‑02‑2026, the petitioner’s counsel, Ms. Nutan Sahay, requested permission to withdraw the application. The Court granted the request and dismissed the application as withdrawn. The Court directed the petitioner to surrender before the lower court within one week and to apply for regular bail if advised, failing which the Superintendent of Police, East Champaran would arrange his arrest. Additionally, the Court ordered the Superintendent to issue show‑cause notices to the SHOs of Pipra Kothi Police Station for not arresting the petitioner for five years and to submit an action‑taken report within four weeks. The order was communicated to the Superintendent via fax for immediate compliance.

Issues considered

  • What is the procedure for withdrawing an application before the High Court?
  • Does the Court have authority to direct surrender and issue show‑cause notices to police officers in the context of a withdrawn anticipatory bail application?

Subjects

  • anticipatory bail
  • withdrawal of application
  • surrender
  • show cause notice
  • police accountability
  • non‑maintainable application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90131 of 2025
                 Arising Out of PS. Case No.-135 Year-2020 Thana- VISHAMBHARPUR District- Gopalganj
                 ======================================================
                 Bhola Singh @ Pradeep Kumar @ Pradeep Kumar Singh S/o Nagendra Singh
                 Resident of Village - Kudiyan, P.S - Pipra Kothi, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Nutan Sahay, Advocate
                                                 Mr. Kundan Rathore Alias Kundan Kumar
                 For the Opposite Party/s :      Mr. Jharkhandi Upadhyay, APP
                                                 Mr. Bharat Lal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   12-02-2026                   Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                 2. After some argument, Ms. Nutan Sahay, the learned

                   counsel appearing for the petitioner seeks permission to

                   withdraw this application.

                                 3. Permission is accorded.

                                 4. Accordingly, this application is dismissed as

                   withdrawn.

                                 5. The petitioner is directed to surrender before the

                   Court below within one week and pray for regular bail, if so

                   advised, failing which the Superintendent of Police, East

                   Champaran will take all steps for the arrest of the petitioner.

                                 6. The Superintendent of Police, East Champaran will
            Patna High Court CR. MISC. No.90131 of 2025(2) dt.12-02-2026
                                                        2/2




                      also issue show cause notices to the SHOs of Pipra Kothi Police

                      Station who were there since 03.12.2021 to explain as to why

                      the petitioner was not arrested for the last five years when his

                      anticipatory bail was dismissed as non-maintainable by this

                      Court.

                                   7. An action taken report must be submitted by the

                      Superintendent of Police, East Champaran before this Court

                      within four weeks from today.

                                   8. Let a copy of this order be communicated to the

                      Superintendent of Police, East Champaran through FAX for its

                      compliance forthwith.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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