Patna High Court

Anshu Kumar @ Ansu KumarversusThe State of Bihar

Decided: 17 March 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court held that an anticipatory bail application may be withdrawn at the petitioner’s request even after arrest, and therefore dismissed the application.

Summary

The petitioner, Anshu Kumar, filed an anticipatory bail application under CrPC in connection with a case pending before the Special Judge, Excise Court No. 1, East Champaran. While the application was pending, the petitioner was arrested in the same matter. The petitioner’s counsel then sought permission to withdraw the anticipatory bail application. The court considered the request and, noting that the petitioner had already been taken into custody, granted permission to withdraw. Consequently, the anticipatory bail application was dismissed as withdrawn.

Issues considered

Whether an anticipatory bail application can be withdrawn after the petitioner has been arrested
Whether the court may dismiss the anticipatory bail application upon the petitioner’s request for withdrawal

Subjects

anticipatory bail
withdrawal of bail application
Criminal Procedure Code
Section 438
arrest

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17012 of 2026
                 Arising Out of PS. Case No.-228 Year-2025 Thana- Raghunathpur District- East Champaran
                 ======================================================
                 Anshu Kumar @ Ansu Kumar S/O Raja Ram Bhagat R/O Village- Chailaha
                 Amwa Tola, P.S- Banjariya, Distt.- East Champaran.
                                                                           ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manjeet Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Pawan Kumar Chaurasia, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Learned counsel for the petitioner seeks permission to

                   withdraw this anticipatory bail application as the sole petitioner has

                   already been arrested in this case.

                                3. Permission is accorded.

                                4. Accordingly, this application for grant of anticipatory

                   bail on behalf of the petitioner is dismissed as withdrawn in

                   connection with Raghunathpur Police Station Case No. 228 of 2025

                   pending in the Court of learned Special Judge, Excise Cout No. 1,

                   East Champaran at Motihari/Successor Court.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T

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