Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court may allow the withdrawal of an anticipatory bail application and dismiss it as withdrawn.

Summary

Petitioners Rahul Kumar and Moti Tamoli were arrested while their anticipatory bail application was pending before the Patna High Court. They subsequently moved the court seeking permission to withdraw the anticipatory bail application. The court considered the request and, noting that the petitioners were already in custody, granted permission to withdraw. Consequently, the anticipatory bail application was dismissed as withdrawn. The order reflects the court's discretion to allow withdrawal of such applications after arrest.

Issues considered

Whether the court may permit withdrawal of an anticipatory bail application after the petitioner has been arrested

Subjects

anticipatory bail
withdrawal
arrest
criminal procedure
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.16852 of 2026
                         Arising Out of PS. Case No.-43 Year-2026 Thana- HISUWA District- Nawada
                  ======================================================
            1.     Rahul Kumar S/o- Sanjay Tamoli Vill - Brahmpichas, Hisua, P.S - Hisua,
                   Dist - Nawada
            2.    Moti Tamoli @ Tinku Kumar S/o- Bhagwan Tamoli Vill - Brahmpichas,
                  Hisua, P.S - Hisua, Dist - Nawada

                                                                                    ... ... Petitioner/s
                                                        Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Birendra Kumar
                  For the Opposite Party/s :       Mr.Kanhiya Kishor
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    12-03-2026               1.    Heard learned counsel for the petitioners and

                    learned APP for the State.

                              2.    Learned       counsel      for     the    petitioners       seeks

                    permission to withdraw the anticipatory bail application, as

                    petitioners were arrested during pendency of the instant

                    anticipatory bail application.

                              3.    Permission is accorded.

                              4.    Accordingly, the anticipatory bail application is

                    dismissed as withdrawn.



                                               (Satyavrat Verma, J)
Sumit/-
U       T

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