Patna High Court
Abdhesh KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was dismissed as withdrawn.
Summary
The petitioner, Abdhesh Kumar, filed an anticipatory bail application fearing arrest in connection with a case registered under Section 379 of the IPC and several provisions of the Bihar Mineral (Concession, Prevention of Illegal Mining Transportation & Storage) Rules, 2019. While the matter was pending, the petitioner informed the court that he had already been arrested. On this basis, he requested to withdraw the anticipatory bail petition. The court accepted the withdrawal and dismissed the anticipatory bail application. No substantive merits of the bail application were considered as the petition was withdrawn. The order was pronounced by Justice Rajiv Roy.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is already in custody
Legislation cited
- Bihar Mineral (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 — s. 11/38(1)(3)(4)(5), 56
- Indian Penal Code — s. 379
Subjects
- anticipatory bail
- IPC
- illegal mining
- Bihar Mineral Rules
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35395 of 2026
Arising Out of PS. Case No.-338 Year-2020 Thana- KHUSRUPUR District- Patna
======================================================
Abdhesh Kumar S/o Late Laxmi Narayan Singh @ Late Laxmi Singh R/o
Village- Hardas Bigha, P.O.- Bazar Samiti, P.S.- Khusrupur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Adv.
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 21-05-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection with
Khusrupur P.S. Case No. 338 of 2020 for the offence registered under
sections 379 of IPC, 11/38 (1)(3)(4)(5)/ 56 of the Bihar Mineral
(Concession, Prevention of Illegal Mining Transportation &b
Storage) Rules, 2019.
3. It has been informed by learned counsel for the
petitioner that the petitioner stands arrested during the pendency of
the petition and as such, he may be permitted to withdraw the
petition.
4. Accordingly, the anticipatory bail application stands
dismissed as withdrawn.
(Rajiv Roy, J)
Vijay Singh/-
U T
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