Patna High Court

Md. KurbanversusThe State of Bihar

Decided: 16 January 2026
Disposal: WITHDRAWN
Bench: R P MISHRA

Holding

The Court permitted the withdrawal of the anticipatory bail application and granted liberty to file a quashing petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Md. Kurban, had filed an anticipatory bail application in a criminal miscellaneous case. His counsel sought permission from the High Court to withdraw that application and instead file a quashing petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court examined whether such withdrawal could be permitted and whether the petitioner could be given liberty to pursue a quashing remedy. The Court granted the request, dismissing the anticipatory bail application as withdrawn and allowing the petitioner to file a quashing application under the specified provision. The order also directed the office to provide relevant case documents as required by the petitioner’s counsel.

Issues considered

Whether the Court may permit the withdrawal of an anticipatory bail application.
Whether the petitioner may be granted liberty to file a quashing application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528

Subjects

anticipatory bail
withdrawal
quashing petition
Section 528
Bharatiya Nagarik Suraksha Sanhita
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.91775 of 2025
                     Arising Out of PS. Case No.-44 Year-2025 Thana- MUSAHARI District- Muzaffarpur
                  ======================================================
                  Md. Kurban Son of Md. Hasib Resident of Village- Khagra, P.S.- Kishanganj,
                  District- Kishanganj (Bihar)
                                                                            ... ... Petitioner/s
                                                  Versus
                  The State of Bihar
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Saobiya Mushtaque, Advocate
                  For the Opposite Party/s :       Mr. Asha Devi, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                  MISHRA
                                        ORAL ORDER
2    16-01-2026                    Learned counsel for the petitioner seeks permission

                    of this Hon’ble Court to withdraw the present anticipatory bail

                    application, with liberty to file Quashing application under the

                    provisions of Section 528 of the Bharatiya Nagarik Suraksha

                    Sanhita, 2023.

                            2.      Permission, as prayed for, is accorded.

                            3.      Accordingly,        the     present      anticipatory        bail

                    application is dismissed as withdrawn with liberty to the

                    petitioner to file Quashing application under the provisions of

                    Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                             4.     Office is directed to provide the relevant documents

                    enclosed in this case, as per requirement of learned counsel for

                    the petitioner.


                                                                (Rudra Prakash Mishra, J)
Rajorshi/-
U      T

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