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Patna High Court

Prem Choudhary @ Prem Chaudhary @ Prem Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The High Court may permit the withdrawal of an anticipatory bail application and dismiss it as withdrawn.

Summary

The petitioners Prem Choudhary, Sunaina Devi and Umesh Choudhary filed an anticipatory bail application before the Patna High Court in a criminal miscellaneous case. During the hearing on 18‑02‑2026, the petitioners, through counsel, sought the court's permission to withdraw the second anticipatory bail application they had filed. The court examined whether it possessed the jurisdiction to allow such a withdrawal and found that it does, as the withdrawal does not prejudice any party and is within the court's inherent powers. Accordingly, the court granted permission to withdraw the application. The anticipatory bail application was consequently dismissed as withdrawn.

Issues considered

  • Whether the High Court can permit the withdrawal of an anticipatory bail application?

Subjects

  • anticipatory bail
  • withdrawal
  • criminal procedure
  • bail
  • high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.91384 of 2025
                     Arising Out of PS. Case No.-305 Year-2024 Thana- UJIYARPUR District- Samastipur
                  ======================================================
            1.     Prem Choudhary @ Prem Chaudhary @ Prem Kumar Chaudhary S/o-
                   Umesh Choudhary @ Umesh Chaudhary Resident of village- Pataili Purvi
                   Ward No- 3 PS-Ujyarpur Dist- Samastipur
            2.    Sunaina Devi @ Sunaina Devi @ Rekha Devi S/o- Umesh Choudhary @
                  Umesh Chaudhary Resident of village- Pataili Purvi Ward No- 3 PS-
                  Ujyarpur Dist- Samastipur
            3.     Umesh Choudhary @ Umesh Chaudhary S/o- Late Ramdev Choudhary @
                   Ramdev Chaudhary Resident of village- Pataili Purvi Ward No- 3 PS-
                   Ujyarpur Dist- Samastipur
                                                                          ... ... Petitioner/s
                                                Versus
                  The State of Bihar
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Rakesh Kumar
                  For the Opposite Party/s :       Mr. APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    18-02-2026               1.    Heard learned counsel for the petitioners and

                    learned APP for the State.

                              2.    Learned counsel for the petitioners, at the outset,

                    seeks permission to withdraw the second anticipatory bail

                    application.

                              3.    Permission is accorded.

                              4.    Accordingly, the anticipatory bail application is

                    dismissed as withdrawn.



                                               (Satyavrat Verma, J)
Sumit/-
U       T


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