Patna High Court

Amit KumarversusThe State of Bihar

Decided: 29 April 2026
Disposal: WITHDRAWN
Bench: RAJIV ROY

Holding

The anticipatory bail application was dismissed as withdrawn.

Summary

Amit Kumar filed an anticipatory bail application fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act. While he was already in custody, his counsel requested that the petition be withdrawn. The court considered the request and allowed the withdrawal. Consequently, the anticipatory bail application was dismissed as withdrawn. No substantive merits of the bail application were examined.

Issues considered

Can an anticipatory bail application be withdrawn when the petitioner is already in custody?
Should the court entertain the merits of an anticipatory bail petition that has been withdrawn?

Subjects

anticipatory bail
withdrawal
arrest
Bihar Prohibition and Excise Act
Section 30(a)
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27856 of 2026
                       Arising Out of PS. Case No.-3 Year-2026 Thana- HATHUA District- Gopalganj
                 ======================================================
                 Amit Kumar Son of Manager Yadav R/o Village - Atwa Durga, P.S.- Hathua,
                 District - Gopalganj, Bihar.
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sumit Shekhar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   29-04-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Hathua P.S. Case No. 03 of 2026 for the

                   offence under section 30(a) of the Bihar Prohibition and Excise

                   Act lodged on 03.01.2026.

                                3. Mr. Sumit Shekhar Pandey, learned counsel for the

                   petitioner submits that the petitioner stands arrested and as such,

                   he may be permitted to withdraw the petition.

                                4. Permission accorded.

                                5. Accordingly, the anticipatory bail application stands

                   dismissed as withdrawn.



                                                  (Rajiv Roy, J)
Adnan/-

U     T

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