Upholding Satender Kumar Antil (2022) 10 SCC 51 in Criminal Procedure – Binding on Subordinate Courts
Summary
| Category | Data |
|---|---|
| Case Name | A.B.A. No. 4700 of 2025 |
| CNR | JHHC010244622025 |
| Decision Date | 25-08-2025 |
| Disposal Nature | Dismissed as Withdrawn |
| Judgment Author | Hon’ble Mr. Justice Sanjay Kumar Dwivedi |
| Court | High Court of Jharkhand, Ranchi |
| Bench | Single Judge |
| Precedent Value | Affirms Supreme Court precedent |
| Overrules / Affirms | Affirms |
| Type of Law | Criminal Procedure (Anticipatory Bail) |
| Questions of Law |
Whether the High Court may allow withdrawal of an anticipatory bail petition with liberty to move the trial court under a binding Supreme Court decision. |
| Ratio Decidendi |
The High Court has jurisdiction to permit withdrawal of an anticipatory bail application and to grant the petitioner liberty to approach the trial court in light of binding guidance from the Supreme Court in Satender Kumar Antil v. CBI (2022) 10 SCC 51. |
| Judgments Relied Upon | Satender Kumar Antil v. Central Bureau of Investigation & Anr., (2022) 10 SCC 51 |
| Logic / Jurisprudence / Authorities Relied Upon by the Court |
Permission granted based solely on the absence of objection by the State and the applicability of the Supreme Court’s ratio in Satender Kumar Antil. |
| Facts as Summarised by the Court | The petition challenged proceedings in Bashista Nagar P.S. Case No. 88 of 2021 before the JMFC, Chatra. |
| Citations |
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Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Jharkhand |
| Persuasive For | Other High Courts |
| Follows | Satender Kumar Antil v. CBI (2022) 10 SCC 51 |
What’s New / What Lawyers Should Note
- High Court may allow withdrawal of anticipatory bail petitions and grant liberty to approach the trial court.
- Liberty to re-file before the Magistrate can be sought under the Supreme Court’s Satender Kumar Antil framework.
- State’s non-opposition facilitates procedural flexibility without altering substantive rights under CrPC.
Summary of Legal Reasoning
- The petitioner sought withdrawal of the anticipatory bail application with liberty to approach the Magistrate.
- Reliance placed exclusively on the Supreme Court’s judgment in Satender Kumar Antil (2022) 10 SCC 51.
- The State did not oppose the withdrawal.
- The High Court exercised its discretion under its inherent powers to permit withdrawal and grant the requested liberty.
Arguments by the Parties
Petitioner
- Sought leave to withdraw the anticipatory bail petition.
- Requested liberty to move the trial court under Satender Kumar Antil.
State
- No objection to withdrawal and grant of liberty.
Factual Background
Vijay Sahu filed an anticipatory bail application in the High Court challenging Bashista Nagar P.S. Case No. 88 of 2021 pending before the Judicial Magistrate First Class, Chatra. After preliminary argument, counsel for the petitioner applied to withdraw the petition with leave to approach the trial court in line with the Supreme Court’s Satender Kumar Antil judgment. The State did not oppose.
Procedural Innovations
- Confirms that High Courts can facilitate procedural withdrawal and direct re-filing before trial courts under established Supreme Court guidance.
Alert Indicators
- ✔ Precedent Followed
Citations
- 2025:JHHC:25159
- CNR JHHC010244622025
- Satender Kumar Antil v. Central Bureau of Investigation & Anr., (2022) 10 SCC 51