Bombay High Court

MANOJ PINCHAversusSTATE OF MAHARASHTRA AND ANR

Decided: 5 October 2026
Disposal: Disposed off as Withdrawn

Holding

The court permitted the withdrawal of the anticipatory bail application with liberty to prosecute the pending application before the Sessions Court.

Summary

Manoj Pincha applied for transit anticipatory bail in connection with an FIR registered under Sections 318(4), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant informed the court that a similar application was already pending before the Dindoshi Sessions Court. He sought permission to withdraw the present anticipatory bail application while retaining the right to pursue the pending one. The High Court allowed the withdrawal, emphasizing that the applicant must be heard before any interim or final order is passed by the Sessions Court. Consequently, the anticipatory bail application was disposed of as withdrawn.

Issues considered

Whether an applicant may withdraw a pending anticipatory bail application.
Whether the applicant can be granted liberty to continue pursuing the same relief before another court.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2)

Subjects

anticipatory bail
transit bail
withdrawal of application
criminal procedure
Bharatiya Nyaya Sanhita

Judgment

                                                                  9-ABA-2800-2026.doc

vaishnavi

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                      ANTICIPATORY BAIL APPLICATION NO. 2800 OF 2026


            Manoj Pincha                                           ...Applicant
                       V/s.
            State of Maharashtra and Anr.                          ...Respondents


            Ms. Agastya Desai, for the Applicant.
            Ms. Geeta Mulekar, APP for the Respondent – State.
            Mr. Naresh Ghag, PSI, Samata Nagar Police Station, is present.

                              CORAM : PRAFULLA S. KHUBALKAR, J.
                              DATE : 05th OCTOBER, 2026.
            P.C. :-

            1.           Heard learned counsel for applicant as well as learned APP

            for respondent-State.

            2.           By this application, the applicant has sought transit

            anticipatory bail in connection with FIR/Crime No. 249 of 2025

            registered at Police Station Kalyanpur, Commissionerate Kanpur

            Nagar, Uttar Pradesh, under Sections 318(4), 338, 336(3) and 340(2)

            of the Bharatiya Nyaya Sanhita, 2023 (BNS).

            3.           It is pointed out by learned APP that the application for

            seeking transit anticipatory bail is pending before the Dindoshi

            Sessions Court and is listed for tomorrow. In view of this, the learned

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                                                       9-ABA-2800-2026.doc

counsel for applicant seeks leave to withdraw the instant application

with liberty to prosecute the application before Sessions Court at

Dindoshi.

4.          Accordingly, the application is permitted to be withdrawn

with liberty to prosecute the pending application. It is clarified that

the applicant is entitled to be heard before passing any interim or final

order by the Sessions Court. In view of this, the application is disposed

of as withdrawn.

                                        (PRAFULLA S. KHUBALKAR, J.)




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