Patna High Court
Manjay KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition is dismissed as withdrawn, permitting the petitioner to surrender before the concerned court within four weeks.
Summary
Manjay Kumar, the petitioner, feared arrest in connection with a case (PS Agamkuan Case No. 998 of 2024) involving offences under various sections of the BNS and the Arms Act. He filed a petition seeking relief from arrest and later requested to withdraw the petition and surrender voluntarily within four weeks. The court considered the petitioner's request to withdraw and the procedural propriety of allowing surrender. No substantive merits of the underlying criminal charges were examined. The court dismissed the petition as withdrawn, directing the petitioner to surrender within the stipulated period, after which the trial court will decide the case on its merits.
Issues considered
- Whether the petition seeking protection from arrest can be withdrawn and the petitioner allowed to surrender voluntarily
Legislation cited
Subjects
- arrest
- withdrawal of petition
- surrender
- anticipatory bail
- criminal procedure
- Arms Act
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42352 of 2025
Arising Out of PS. Case No.-998 Year-2024 Thana- AGAMKUAN District- Patna
======================================================
Manjay Kumar son of Late Rajendra Prasad Village- Manjitpur, P.S- Hilsa,
dist- Nalanda At P/A- Naya tola, Sugiya Marriage hall, Kumhrar, Ps-
Agamkuan, dist- patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anjum Perveen, Adv
For the Opposite Party/s : Mr.Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
8 19-03-2026 Heard Mr. Arshad Alam learned counsel for the
petitioner and Mr. Ajay Kumar Jha representing the Opposite
Party No. 2.
2. The petitioner is apprehending his arrest in
connection with Agamkuan P.S. Case No. 998 of 2024 for the
offence under Sections 126(2), 115(2), 118, 109, 352, 351(2),
3(5) of BNS and under Section 25(1-B)(a), 26, 35, 27 of the
Arms Act lodged on 22.11.2024 by the informant, Sanjay
Kumar.
3. After some argument, learned counsel for the
petitioner submits he may be permitted to withdraw this petition
and allow him to surrender before the concerned Court in next
four weeks.
Patna High Court CR. MISC. No.42352 of 2025(8) dt.19-03-2026
2/2
4. Accordingly, the petition is dismissed as withdrawn
allowing the petitioner to surrender before the concerned Court
in next 4 weeks.
5. If the petitioner surrenders before the concerned
Court in next four weeks, the concerned Court shall decide the
matter on merit.
(Rajiv Roy, J)
niku/-
U T
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