Bombay High Court
AVI ALIAS ANIKET ARJUN PATILversusTHE STATE OF MAHARASHTRA AND ORS.
- Disposal
- Disposed off as Withdrawn
Holding
The High Court allowed the withdrawal of the bail application and granted the applicant liberty to approach the trial court with a fresh bail application.
Summary
The applicant, Avi Alias Aniket Arjun Patil, filed a bail application (Criminal Bail Application No. 829 of 2026) seeking release on bail for an FIR (No. 191/2026) registered under sections 109, 115(2), 352 and 351(2) of the Bombay Police Act. The applicant’s counsel requested to withdraw the bail application so that a fresh application could be filed directly before the trial court. The respondent’s counsel did not oppose the request. The Court, after hearing the parties, granted leave to withdraw the bail application and allowed the applicant to approach the trial court with a fresh application. Consequently, the bail application was disposed of as withdrawn.
Issues considered
- Whether a bail application pending before the High Court can be withdrawn at the request of the applicant.
- Whether the applicant may be granted liberty to file a fresh bail application before the trial court after withdrawal.
Legislation cited
- Bombay Police Act — s. 109, 115(2), 351(2), 352
Subjects
- bail
- withdrawal
- criminal procedure
- trial court
- liberty
Judgment
72-BA-829-2026 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 829 OF 2026
Avi Alias Aniket Arjun Patil …...Applicant
Versus
The State Of Maharashtra And Ors. …...Respondents
——————
Mr. Girish Mujumdar a/w. Mr. Mr. Viraj V. Nalawade, Mr. Sandip Magar, Ms.
Sharvari Tipugade & Ms. Tanvi Lad for the Applicant.
Mr. S.S. Chaudhari, A.P.P. for Respondent Nos.1 & 2-State.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 21st September 2026.
PER COURT :
1. This matter is listed at Sr. No. 72 on the ‘Daily Cause List’.
2. At 10:30 a.m., Mr. Girish Majumdar, learned Advocate for the
Applicant, made a request to take up this matter out of turn. At his request
and with the consent of Mr. Chaudhari, learned A.P.P. for the Respondent
Nos.1 & 2-State, this Bail Application was taken up out of turn.
3. By the present Application, the Applicant has sought the following
relief :
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72-BA-829-2026 (CR).docx
“b. The Applicant above named may please be released on bail
in the matter of F.I.R. bearing No. 191/2026 registered
with Natepute Police station under section 109, 115(2),
352 and 351(2) of B.N.S. on such terms and conditions as
this Hon'ble court may deem fit and proper.”
4. Mr. Girish Majumdar, learned advocate for the Applicant, by referring
to order dated 5th August 2026 passed by this Court in Criminal Bail
Application No. 724 of 2026, seeks leave to withdraw this Bail Application to
approach the Trial Court with a fresh Bail Application. Mr. Chaudhary,
learned A.P.P. for the Respondent Nos.1 & 2-State, does not oppose the said
request.
5. In view of the statement made by Mr. Girish Majumdar, learned
advocate for the Applicant, leave is granted to withdraw this Bail Application
with liberty as prayed.
6. In view of the above, Criminal Bail Application No. 829 of 2026 is
disposed of as withdrawn with aforesaid liberty.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.21
20:13:37
+0530
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