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Patna High Court

Mohit KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The anticipatory bail application stands dismissed as withdrawn.

Summary

Mohit Kumar filed an anticipatory bail application before the Patna High Court, alleging fear of arrest. While the application was pending, he was arrested by the police. The petitioner then approached the court seeking to withdraw his own anticipatory bail application, stating that he had already been taken into custody. The court considered whether a petitioner could withdraw an anticipatory bail application after arrest. It held that a petitioner is free to withdraw the application at any stage, and consequently dismissed the anticipatory bail petition as withdrawn. The order effectively left the petitioner to face regular bail proceedings, if any.

Issues considered

  • Whether an anticipatory bail application can be withdrawn by the petitioner after the petitioner has been arrested

Subjects

  • anticipatory bail
  • withdrawal of application
  • criminal procedure
  • arrest

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.25068 of 2026
                       Arising Out of PS. Case No.-114 Year-2026 Thana- MALSALAMI District- Patna
                  ======================================================
                  Mohit Kumar S/o Ajay Sahani Resident of Village - Nuruddinganj Ghat,
                  Kinare, PS- Malsalami, District - Patna

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Suresh Singh, Advocate
                  For the Opposite Party/s :       Mr. Awadhesh Kumar Singh, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

2    22-04-2026                        Learned counsel appearing on behalf of the

                    petitioner seeks to withdraw the present anticipatory bail

                    application submitting that the petitioner has been arrested

                    during the pendency of the bail application.

                                 2. In view of the above, the present anticipatory bail

                    application stands dismissed as withdrawn.



                                               (Purnendu Singh, J)
Niraj/-

U         T


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