Patna High Court
Kush KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The anticipatory bail application is dismissed as withdrawn.
Summary
The petitioner, Kush Kumar, filed an anticipatory bail application fearing arrest in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act. While the petition was pending, he was arrested. He then sought permission to withdraw his anticipatory bail petition. The court considered whether the petition could be withdrawn after the arrest. The learned counsel for the petitioner submitted that the petition should be withdrawn as the purpose of anticipatory bail was no longer applicable. The court accepted the withdrawal and dismissed the anticipatory bail application as withdrawn.
Issues considered
- Whether an anticipatory bail application can be withdrawn after the petitioner has been arrested
- Whether the court should entertain the petition post‑arrest
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- withdrawal of petition
- Bihar Prohibition and Excise Act
- criminal procedure
- arrest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30113 of 2026
Arising Out of PS. Case No.-76 Year-2026 Thana- NADI P.S. District- Patna
======================================================
Kush Kumar S/O Late Rampravesh Rai R/O Village- Jethuli, P.S.- Nadi,
Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the State : Mrs. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-05-2026 Heard the parties through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Nadi P.S. Case No. 76 of 2026 registered for
the offence punishable under Sections 30(a) of the Bihar
Prohibition and Excise Act, lodged on 01.03.2026 by the
informant Shantanu Kumar Singh.
3. Learned counsel for the petitioner submits that he
has been arrested during the pendency of the petition and as
such, permission be granted for withdrawal of the petition.
4. Accordingly, the anticipatory bail application
stands dismissed as withdrawn.
(Rajiv Roy, J)
vinayak/-
U T
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