Patna High Court

Krishna Kumar @ Saurabh KumarversusThe State of Bihar

Decided: 29 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

An anticipatory bail application may be withdrawn by the petitioner upon arrest, leading to its dismissal.

Summary

The petitioner, Krishna Kumar, filed an anticipatory bail application in the Patna High Court. While the application was pending, he was arrested by the police. The petitioner then sought permission to withdraw the anticipatory bail application. The court granted permission to withdraw, holding that the application could be withdrawn after arrest. Consequently, the anticipatory bail application was dismissed as withdrawn.

Issues considered

What is the effect of a petitioner's arrest on a pending anticipatory bail application?
Can a petitioner withdraw an anticipatory bail application after being arrested?

Subjects

anticipatory bail
withdrawal
arrest
criminal procedure
high court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3552 of 2026
                        Arising Out of PS. Case No.-611 Year-2025 Thana- PAROO District- Muzaffarpur
                   ======================================================
                   Krishna Kumar @ Saurabh Kumar S/o Anil Kumar Rastogi @ Sunil Rastogi
                   R/o vill - Jafarpur, P.S.- Paroo, Distt.- Muzaffarpur

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

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :        Mr. Priyesh Kumar, Advocate
                   For the Opposite Party/s :        Mr. Mukesh Kumar Singh, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                         ORAL ORDER

2     29-01-2026                  Heard learned counsel for the petitioner and learned

                     APP for the State.

                                  2. Learned counsel for the petitioner seeks permission

                     to withdraw this anticipatory bail application as the petitioner

                     has already been arrested by the police during pendency of the

                     same.

                                  3. Permission is accorded.

                                  4. The instant anticipatory bail application is

                     dismissed as withdrawn.


                                                (Satyavrat Verma, J)

Sanjay/-

U          T

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