Patna High Court

Rajeev Sah @ Munni @ Rajeev Kumar @ Rajeev Kuma Sahu @ MunnaversusThe State of Bihar

Decided: 8 July 2026
Disposal: WITHDRAWN
Bench: RAJIV ROY

Holding

An anticipatory bail application becomes infructuous upon the death of the petitioner and must be dismissed.

Summary

The petitioner, Rajeev Kumar, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 in connection with PS case No. 108 of 2026. The application was filed before the High Court. During the pendency of the petition, the petitioner died. The petitioner’s counsel argued that the death rendered the anticipatory bail application infructuous. The Court held that an anticipatory bail application cannot survive the death of the applicant and therefore has no operative effect. Consequently, the Court dismissed the anticipatory bail application as infructuous.

Issues considered

Whether an anticipatory bail application can be entertained after the death of the petitioner

Legislation cited

Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)

Subjects

anticipatory bail
death of petitioner
criminal procedure
Bihar Prohibition and Excise Act
Section 30(a)

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.43908 of 2026
                      Arising Out of PS. Case No.-108 Year-2026 Thana- SINDHIYA District- Samastipur
                  ======================================================
                  Rajeev Sah @ Munni @ Rajeev Kumar @ Rajeev Kuma Sahu @ Munna S/o
                  Late Jagdish Sah R/o Village - Singhiya , Police Station - Singhiya , District -
                  Samastipur

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Mahendra Pratap
                  For the Opposite Party/s :        Mr.Mohammed Arif
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

2    08-07-2026                   Heard the parties.

                                 2. The petitioner is apprehending arrest in connection

                    with Singhiya P.S. Case No. 108 2026 instituted under Section

                    30(a) of the Bihar Prohibition and Excise (Amendment) Act,

                    2018 lodged on 01.05.2026 by the informant, Rajwansh Kumar.

                                 3. Learned counsel for the petitioner submits that

                    during the pendency of the petition, the petitioner died and as

                    such the anticipatory bail application has become infructuous.

                                 4. In that background, the anticipatory bail application

                    is dismissed as infractuous.



                                                   (Rajiv Roy, J)
Ravi/-Ankita

U      T

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