Created by Fuzzy Cloud

Patna High Court

Anil Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for restoration of the anticipatory bail order is rejected.

Summary

The petitioner, Anil Kumar Singh, filed a criminal miscellaneous petition seeking anticipatory bail and obtained an interim order of no coercive steps. He subsequently sought multiple adjournments and failed to appear before the court, leading to the dismissal of the original bail petition on 20-11-2025. The petitioner then filed another petition (Cr. Misc. No. 90803 of 2025) requesting restoration of the earlier order, alleging misuse of the privilege. The court observed that the petitioner had repeatedly misused the protection granted and that no counsel appeared on his behalf. Consequently, the court rejected the restoration application and directed the Superintendent of Police to produce the petitioner after arrest. The order effectively dismisses the petition and reaffirms the earlier dismissal.

Issues considered

  • Whether the order granting anticipatory bail and no coercive steps can be restored after the petitioner’s non‑appearance and alleged misuse of the privilege.

Subjects

  • anticipatory bail
  • restoration of order
  • non‑prosecution
  • misuse of privilege
  • criminal miscellaneous petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90803 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.32867 of 2025
                    Arising Out of PS. Case No.-98 Year-2024 Thana- CHARPOKHARI District- Bhojpur
                 ======================================================
                 Anil Kumar Singh S/o Umakant Singh Resident of Village- Balihari, P.S-
                 Charpokhari, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raju Kumar Singh
                 For the Opposite Party/s :      Mr.Nand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   30-01-2026                    The petitioner filed Cr. Misc. No. 32867 of 2025 for

                   anticipatory bail. He obtained an order of no coercive steps and

                   thereafter, he remained seeking adjournments. Accordingly, the

                   said criminal miscellaneous petition was dismissed vide order

                   dated 20.11.2025. The order dated 20.11.2025 passed in Cr.

                   Misc. No. 32867 of 2025 is being extracted hereinbelow:-

                                             “After obtaining the order of interim
                                   protection, a number of adjournments have been
                                   sought by the petitioner. Despite repeated calls, no
                                   one appears on behalf of the petitioner, today.
                                             2. Counsel for the State is present.
                                             3. Dismissed for non-prosecution.
                                             4. Let a copy of this order be sent to
                                   Superintendent of Police, Bhojpur immediately,
                                   who shall take steps to produce the petitioner
                                   before the court below after arresting him.”
           Patna High Court CR. MISC. No.90803 of 2025(2) dt.30-01-2026
                                                       2/2




                                  2. This criminal miscellaneous petition has been filed

                     for restoration of that order but today, none appeared for the

                     petitioner. He has already misused the privileges of no coercive

                     steps.

                                  3. The learned APP for the State is in appearance.

                                  4. Accordingly, this restoration application is rejected.

                                  5. Let a copy of this order be sent to the

                     Superintendent of Police, Bhojpur immediately.


                                          (Nawneet Kumar Pandey, J)

kundan/-

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.