Patna High Court

Amarnath KumarversusThe State of Bihar

Decided: 8 April 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court allowed the withdrawal and dismissed the anticipatory bail application as withdrawn.

Summary

Amarnath Kumar filed an anticipatory bail application in a criminal miscellaneous case. While the application was pending, he received a notice under Section 35(3) of the Bihar Narcotic Substances (BNSS) Act, removing any fear of imminent arrest. He therefore moved the court to withdraw the anticipatory bail application, seeking liberty to re‑file if necessary. The court, after hearing counsel, granted permission to withdraw the application. Consequently, the anticipatory bail petition was dismissed as withdrawn.

Issues considered

Can an anticipatory bail application be withdrawn when the applicant no longer apprehends arrest after receiving a notice under Section 35(3) of the BNSS?

Legislation cited

Bihar Narcotic Substances (BNSS) Act — s. 35(3)

Subjects

anticipatory bail
withdrawal
Section 35(3)
BNSS
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17107 of 2026
                       Arising Out of PS. Case No.-924 Year-2025 Thana- MAHUA District- Vaishali
                 ======================================================
                 Amarnath Kumar S/O Late Ram Surat Kumar R/O Village- Kariho, P.O.-
                 Bishnupur Bigha, P.S.- Mahua, Dist.- Vaishali.
                                                                       ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Parmeshwar Mehta, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026                  1. Heard Mr. Ajay Kumar Singh, learned counsel for the

                   petitioner and learned A.P.P. for the State.

                                2. Learned counsel appearing on behalf of the petitioner

                   submits that during pendency of the instant anticipatory bail

                   application, the petitioner was given notice under Section 35(3)

                   BNSS, as such, for the present, the petitioner does not have any

                   apprehension of arrest, hence, seeks permission to withdraw the same

                   with liberty to file afresh, if need arises.

                                3. Permission is accorded.

                                4. Accordingly, the instant anticipatory bail application is

                   dismissed as withdrawn.


                                                                        (Satyavrat Verma, J)

Kundan/-

U     T

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