Patna High Court

Savita TuduversusThe State of Bihar

Decided: 1 July 2026
Disposal: WITHDRAWN
Bench: RAJIV ROY

Holding

The court permitted the withdrawal of the anticipatory bail application, dismissing it as withdrawn.

Summary

Savita Tudu filed an anticipatory bail application fearing arrest in connection with Bausi P.S. Case No. 30 of 2026 under Section 30(a) of the Bihar Prohibition and Excise Act. While the application was pending, she was arrested. Her counsel, Mrs. Kusum Kumari, moved the court seeking permission to withdraw the anticipatory bail petition. The Hon'ble Justice Rajiv Roy allowed the withdrawal. Consequently, the anticipatory bail application was dismissed as withdrawn.

Issues considered

Whether an anticipatory bail application can be withdrawn after the petitioner has been arrested

Legislation cited

Bihar Prohibition and Excise Act — s. 30(a)

Subjects

anticipatory bail
withdrawal
arrest
Bihar Prohibition and Excise Act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37753 of 2026
                         Arising Out of PS. Case No.-30 Year-2026 Thana- BAUNSI District- Araria
                 ======================================================
                 Savita Tudu Wife of Shivlal Kisku @ Shiblal Kisku Resident of Village-
                 Bharaili Tar Tola, Ward No. 2, P.S.- Bausi, District- Araria
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mrigendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   01-07-2026                  Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Bausi P.S. Case No. 30 of 2026 for the offence registered

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. Mrs. Kusum Kumari, learned counsel for the

                   petitioner submits that she may be permitted to withdraw the

                   petition as the petitioner has been arrested.

                                4. Permission accorded.

                                5. Accordingly, the anticipatory bail application stands

                   dismissed as withdrawn.



                                                  (Rajiv Roy, J)
Adnan/-

U     T

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