Bombay High Court

AKHILESH YOGNARAYAN MISHRAversusSTATE OF MAHARASHTRA AND ANR

Decided: 25 August 2026
Disposal: Disposed off as Withdrawn

Holding

The anticipatory bail application is permitted to be withdrawn, with liberty to file a fresh application disclosing all criminal antecedents.

Summary

The applicant, Akhilesh Yognarayan Mishra, filed an anticipatory bail application before the Bombay High Court. The respondent State counsel observed that the application omitted disclosure of the applicant's criminal antecedents. On this basis, the applicant's counsel sought permission to withdraw the pending application and to file a fresh one with full disclosure. The Court examined whether such a withdrawal could be permitted and whether a fresh application could be entertained. It held that the application could indeed be withdrawn, subject to the condition that the applicant may file a new application disclosing all antecedents. Consequently, the Court allowed the withdrawal and granted liberty to re‑apply with complete information.

Issues considered

What is the appropriate procedural step when an anticipatory bail application is filed without disclosing criminal antecedents?
Can the Court permit withdrawal of an anticipatory bail application and allow a fresh filing with full disclosure?

Subjects

anticipatory bail
withdrawal
criminal antecedents
procedural law
high court

Judgment

                                                               913-aba2346-26.doc

vai

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION


                ANTICIPATORY BAIL APPLICATION NO.2346 OF 2026


      Akhilesh Yognarayan Mishra                               ...Applicant
                 V/s.
      State of Maharashtra & Anr.                              ...Respondents


      Ms.Madhura Patil i/b Mr.Rahil Siddiqui for the Applicant.

      Mr.Arfan Sait, APP for the Respondent – State.

      Mr.Gavit, PI and Mr.Kadam, API, Kasara Police Station are present in
      Court.

                        CORAM : PRAFULLA S. KHUBALKAR, J.
                        DATE : 25TH AUGUST, 2026.
      P.C. :-

      1.           After the learned APP points out that all criminal

      antecedents are not disclosed in the instant application, learned

      counsel for applicant on instructions seeks permission to withdraw the

      instant application with liberty to file a fresh application by disclosing

      all criminal antecedents.

      2.           The instant application is permitted to be withdrawn, with

      liberty as prayed for.


                                               (PRAFULLA S. KHUBALKAR, J.)

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