Patna High Court

Pankaj Kumar @ Pankaj Kumar YadavversusThe State of Bihar

Decided: 8 April 2026
Disposal: WITHDRAWN
Bench: RAJIV ROY

Holding

The anticipatory bail application was dismissed as withdrawn.

Summary

Pankaj Kumar Yadav filed an anticipatory bail application fearing arrest in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. While the application was pending, the petitioner was actually arrested. He then requested the court to withdraw his anticipatory bail petition. The court accepted the withdrawal request and dismissed the anticipatory bail application as withdrawn. No substantive merits of the bail application were considered.

Issues considered

Can an anticipatory bail application be entertained when the petitioner has already been arrested?
Is a petition for anticipatory bail withdrawable after the petitioner’s arrest?

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
arrest
withdrawal of petition
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.20787 of 2026
                         Arising Out of PS. Case No.-164 Year-2025 Thana- Balwahat District- Saharsa
                  ======================================================
                  Pankaj Kumar @ Pankaj Kumar Yadav Son of Late Chhotelal Yadav Resident
                  of Village- Mainma, Ward No. 14, P.S.- Balwahat, District- Saharsa
                                                                               ... ... Petitioner/s
                                                    Versus
                  The State of Bihar
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s      :        Mr. Ashok Kumar, Advocate
                  For the State             :        Mr. Lakshmi Kant Sharma, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

2    08-04-2026                    Heard the parties

                                  2. The petitioner is apprehending his arrest in

                    connection with Balwahat P.S. Case No. 164 of 2025 registered

                    for the offence punishable under Sections 30(a) and 41 of the

                    Bihar Prohibition and Excise Act, lodged on 18.11.2025 by the

                    informant Mainuddin.

                                  3. It has been informed by the learned counsel for the

                    petitioner that the petitioner has been arrested and as such,

                    permission be granted to withdraw the petition.

                                  4. Accordingly, the anticipatory bail application

                    stands dismissed as withdrawn.



                                                    (Rajiv Roy, J)
vinayak/-

U      T

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