Patna High Court

Asgar MiyanversusThe State of Bihar

Decided: 24 February 2026
Disposal: WITHDRAWN
Bench: AJIT KUMAR

Holding

The petition for anticipatory bail is dismissed as withdrawn.

Summary

The petitioner, Asgar Miyan, filed an application for anticipatory bail under the Criminal Procedure Code. While the application was pending, he was arrested by the police, rendering the anticipatory bail request ineffective. The petitioner then moved the court seeking permission to withdraw the anticipatory bail application. The learned counsel argued that the arrest made the relief sought infructuous. The court, after hearing the counsel, granted permission to withdraw the application. Consequently, the petition for anticipatory bail was dismissed as withdrawn.

Issues considered

Whether an anticipatory bail application can be withdrawn after the petitioner has been arrested

Subjects

anticipatory bail
withdrawal
arrest
Criminal Procedure Code
petition dismissed

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.10284 of 2026
                    Arising Out of PS. Case No.-434 Year-2025 Thana- NAUTAN District- West Champaran
                  ======================================================
                  Asgar Miyan S/o Ashraf Miyan @ Farookh Miyan R/o Village - Islampur, P.S
                  - Nautan, District - West Champaran
                                                                          ... ... Petitioner/s
                                                     Versus
                  The State of Bihar
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Brij Kishor Mishra, Adv.
                  For the Opposite Party/s :       Mr.Anish Chandra, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                        ORAL ORDER

2    24-02-2026                     Mr. Brij Kishore Mishra, learned counsel for the

                    petitioner submits that since the petitioner has been arrested by

                    the police and the instant application for anticipatory bail has

                    become infructuous, he, therefore, seeks permission to withdraw

                    the same.

                                 2. Permission is accorded.

                                 3. Accordingly, the present petition for anticipatory

                    bail stands dismissed as withdrawn on having become

                    infructuous.



                                                 (Ajit Kumar, J)
    perwez

U      T

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