High Court of Gujarat

NARENDRABHAI LOTANBHAI PATILversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

The anticipatory bail application is disposed of as withdrawn.

Summary

The petitioner, Narendrabhai Lotanbhai Patil, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with an FIR registered at Bardoli Town Police Station for alleged offences under Sections 75(2) and 351(3) of the Bharatiya Nyay Sanhita. While arguing the matter, the petitioner’s counsel sought the Court’s permission to withdraw the application, relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar. The Court considered whether a pending anticipatory bail application may be withdrawn at the request of the applicant. It held that the applicant is entitled to withdraw the application, subject to the Court’s discretion. Accordingly, the Court granted permission to withdraw and disposed of the application as withdrawn.

Issues considered

Whether an anticipatory bail application under Section 482 can be withdrawn by the applicant
Whether the Supreme Court precedent in Arnesh Kumar v. State of Bihar governs the withdrawal of such an application

Legislation cited

Bharatiya Nagarik Suraksha Sanhitas. 482
Bharatiya Nyay Sanhitas. 351, s. 75

Subjects

anticipatory bailwithdrawal of applicationSection 482Bharatiya Nagarik Suraksha SanhitaBharatiya Nyay SanhitaArnesh Kumar casecriminal procedure

Judgment

        R/CR.MA/18222/2026                                                                   ORDER DATED: 06/08/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 18222
                             of 2026

  ==========================================================
                                   NARENDRABHAI LOTANBHAI PATIL
                                              Versus
                                        STATE OF GUJARAT
  ==========================================================
  Appearance:
  JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
  MR RONAK RAVAL, APP for the Respondent(s) No. 1
  ==========================================================

       CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                    Date : 06/08/2026
                                ORAL ORDER
  1.         By way of the present application under Section 482 of the

  Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the

  applicant has prayed for anticipatory bail in the event of arrest in

  connection with the FIR being C.R. No. 11214008260632 of 2026

  registered with Bardoli Town Police Station, District:Surat Rural,

  for the offences punishable under Sections 75(2) and 351(3) of the

  Bharatiya Nyay Sanhita.

  2.                    Learned advocate for the applicant/s, after arguing the

  matter          for      sometime,             under          instructions,              seeks         permission             to
  withdraw this application with a prayer to follow the                                                         proposition

  of law as settled by the Hon’ble Supreme Court in the case of

  Arnesh Kumar v. State of Bihar, reported in (2014) 8 SCC 273,
  by the prosecution.

  3.                    Permission, as prayed for, is granted. This application

  stands disposed of as withdrawn.


                                                                                         (SANJEEV J.THAKER,J)
  SRILATHA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/08/2026 15:05:20


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