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Patna High Court

Ashish Yadav @ Chhotu @ Ashish KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

Anticipatory bail cannot be granted to a person who is already arrested; the application was rejected.

Summary

The petitioner, Ashish Yadav, filed an anticipatory bail application fearing arrest in connection with a case registered under sections 310(4), 310(5), 3(5) of the BNS and sections 25(1‑b)(a), 26 and 35 of the Arms Act. The petitioner was already in custody when the application was filed. The petitioner’s counsel argued that, since he was already arrested, the petition could be withdrawn and the anticipatory bail request should be dismissed. The Court examined whether anticipatory bail could be granted to a person who is already in custody and whether a petition can be withdrawn after arrest. Finding that anticipatory bail is a pre‑emptive remedy and is not available to a person already detained, the Court rejected the application. Consequently, the petition was dismissed without granting bail.

Issues considered

  • Can anticipatory bail be granted when the petitioner is already in custody?
  • Is a petition for anticipatory bail withdrawable after the petitioner has been arrested?

Legislation cited

  • Arms Act — s. 25(1-b)(a), 26, 35
  • BNS — s. 310(4), 310(5), 3(5)

Subjects

  • anticipatory bail
  • arrest
  • withdrawal of petition
  • criminal procedure
  • Arms Act

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.17432 of 2026
                  Arising Out of PS. Case No.-220 Year-2024 Thana- KUMAR KHAND District- Madhepura
                  ======================================================
                  Ashish Yadav @ Chhotu @ Ashish Kumar Son of Jaykrishna Yadav Resident
                  of village - Rahta, P.S.- Kumarkhand, Dist.- Madhepura

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr. Chandra Mohan Jha, Adv.
                  For the Opposite Party/s :     Mr. Ajit Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER
2    25-03-2026                    Heard the parties.

                                 2. The petitioner apprehends his arrest in connection

                    with Kumarkhand P.S. Case No. 220 of 2024 for the offence

                    registered under sections 310(4), 310(5), 3(5) of BNS and

                    Section 25(1-b)(a) 26, 35 of the Arms Act.

                                 3. Mr. Chandra Mohan Jha submits that the petitioner

                    stands arrested and as such, he may be permitted to withdraw

                    the petition.

                                 4. Accordingly, the anticipatory bail application stands

                    rejected.



                                                 (Rajiv Roy, J)
Vijay Singh/-

U      T


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