Patna High Court
Disko Kumar @ Disko RayversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The anticipatory bail petition was dismissed as withdrawn.
Summary
Disko Kumar filed an anticipatory bail petition 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. His counsel then requested that the petition be withdrawn since the purpose of anticipatory bail was no longer applicable. The court considered the request and allowed the withdrawal. Consequently, the anticipatory bail petition was dismissed as withdrawn.
Issues considered
- Whether an anticipatory bail petition can be withdrawn after the petitioner has been arrested
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- withdrawal of petition
- arrest
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38787 of 2026
Arising Out of PS. Case No.-791 Year-2025 Thana- GARKHA District- Saran
======================================================
Disko Kumar @ Disko Ray Son of Late Babulal Ray Resident of Village-
Minapur, P.S.- Garkha, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the State : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-06-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Garkha P.S. Case No. 791 of 2025 registered
for the offence punishable under Sections 30(a) of the Bihar
Prohibition and Excise Act, lodged on 22.10.2025 by the
informant Manish Kumar.
3. Learned counsel for the petitioner submits that
during the pendency of the petition, the petitioner Disko Kumar
@ Disko Ray has been arrested and as such, he may be
permitted to withdraw the petition.
4. Accordingly, the anticipatory bail petition stands
dismissed as withdrawn.
(Rajiv Roy, J)
vinayak/-
U T
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