Patna High Court
Jhunjhun Bin @ Rakesh MukhiyaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the withdrawal of the anticipatory bail application and dismissed it as withdrawn.
Summary
The petitioners, Jhunjhun Bin @ Rakesh Mukhiya and Motilal Bin @ Motilal Mukhiya, filed an anticipatory bail application before the Patna High Court. During the hearing on 26-03-2026, the petitioners' counsel sought permission to withdraw the anticipatory bail application and instead surrender to the authorities to seek regular bail. The Court granted the permission, directing that the anticipatory bail application be dismissed as withdrawn. The judgment clarified that any subsequent regular bail application would be considered by the district court on its merits, without prejudice arising from the withdrawal. Thus, the petitioners may surrender and apply for regular bail, and the anticipatory bail proceedings are terminated.
Issues considered
- Whether a petitioner may withdraw an anticipatory bail application after filing it
- Effect of withdrawal of anticipatory bail on a subsequent regular bail application
Subjects
- anticipatory bail
- withdrawal
- regular bail
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9371 of 2026
Arising Out of PS. Case No.-71 Year-2025 Thana- Nawalpur District- West Champaran
======================================================
1. Jhunjhun Bin @ Rakesh Mukhiya S/o Motilal Bin @ Motilal Mukhiya R/o
Village - Nawalpur, P.S - Nawalpur, District - West Champaran
2. Motilal Bin @ Motilal Mukhiya S/o Late Ram Awtar Bin @ Ram Awtar
Mukhiya R/o Village - Nawalpur, P.S - Nawalpur, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Kishor Mishra, Adv
For the Opposite Party/s : Mohammed Arif, APP
Mr. Umesh Kumar Gupta, Advocate
Mr. Rakesh Kumar.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 1. Heard learned counsel for the petitioners, learned
APP for the State and the learned counsel appearing on behalf of
the informant.
2. Learned counsel for the petitioners, after some
arguments, seeks permission to withdraw the anticipatory bail
application with liberty to surrender and seek regular bail.
3. Permission is accorded.
4. Accordingly, the anticipatory bail application is
dismissed as withdrawn.
5. It is made clear that if the petitioners surrender and
seek regular bail, in that event the learned district court shall
consider the case on its own merits without being prejudiced by
Patna High Court CR. MISC. No.9371 of 2026(2) dt.26-03-2026
2/2
the fact that petitioners before this Court withdrew the
anticipatory bail application.
(Satyavrat Verma, J)
Sumit/-
U T
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