Patna High Court

Nitish Kumar @ Nitish Kumar Mandal @ Nitish MandalversusThe State of Bihar

Decided: 8 April 2026
Disposal: WITHDRAWN
Bench: S B P SINGH

Holding

The court granted permission to withdraw the bail application and dismissed it as withdrawn.

Summary

The petitioner, Nitish Kumar, was arrested in Bhagalpur and had filed an anticipatory bail application. After his arrest, his counsel sought the court's permission to withdraw the bail application, arguing that it had become infructuous. The court considered whether a bail application could be withdrawn post-arrest. It held that the petitioner could be allowed to withdraw the application. Accordingly, the court granted permission to withdraw and dismissed the bail application as withdrawn.

Issues considered

Whether the petitioner may withdraw a bail application after being arrested
Whether the anticipatory bail application becomes infructuous upon arrest

Subjects

anticipatory bail
bail withdrawal
arrest
criminal procedure
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22294 of 2026
                     Arising Out of PS. Case No.-2 Year-2026 Thana- ISHAKCHAK District- Bhagalpur
                 ======================================================
                 Nitish Kumar @ Nitish Kumar Mandal @ Nitish Mandal Son of Lalan
                 Mandal @ Narayan Mandal R/o Village - Baushi Rail Line Ishakchak, P.S. -
                 Ishkachak, Dist. - Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Davendra Kumar Pandey
                 For the Opposite Party/s :       Mr.Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   08-04-2026                  At the outset, learned counsel for the petitioner seeks

                   permission to withdraw the present bail application as the

                   petitioner has been arrested and the instant anticipatory bail

                   application has become infructuous.

                                2. Permission is granted.

                                3. Accordingly, the present application stands

                   dismissed as withdrawn.



                                              (S. B. Pd. Singh, J)
Ankit Kumar/-

U

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