Patna High Court

Pramod Mukhiya @ Pramod YadavversusThe State of Bihar

Decided: 17 January 2026
Disposal: WITHDRAWN
Bench: RAJIV ROY

Holding

The petition is dismissed as withdrawn.

Summary

The petitioner, Pramod Mukhiya, filed a petition fearing arrest in connection with a criminal case (Dumaria P.S. Case No. 40 of 2025) that alleged offences under several sections of the Bhartiya Nayay Sanhita, 2023 and section 27 of the Arms Act. The petition was filed on 1 May 2025 based on an informant’s complaint. Counsel for the petitioner argued that the petition had become infructuous and sought permission to withdraw it. The court considered whether a petition can be withdrawn at the petitioner’s request. Justice Rajiv Roy allowed the withdrawal and dismissed the petition as withdrawn. No substantive merits of the underlying criminal allegations were addressed.

Issues considered

Whether a petition seeking relief from arrest can be withdrawn by the petitioner
Whether the court may dismiss the petition as withdrawn upon such request

Legislation cited

Arms Act — s. 27
Bhartiya Nayay Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5)

Subjects

anticipatory bail
withdrawal of petition
criminal procedure
arms act
court discretion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.54247 of 2025
                        Arising Out of PS. Case No.-40 Year-2025 Thana- DUMARIYA District- Gaya
                  ======================================================
                  Pramod Mukhiya @ Pramod Yadav S/O Ramdhani Yadav Village -
                  Tekrakhurd, P.S.- Dumaria, District – Gaya         ... ... Petitioner/s
                                                      Versus
                  The State of Bihar                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Durgesh Nandan, Advocate
                  For the Opposite Party/s :      Mr.Pranav Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

3    17-01-2026                  Heard the parties.

                                 2. The petitioner is apprehending arrest in connection

                    with Dumaria P.S. Case No. 40 of 2025 instituted under

                    Sections 126(2), 115(2), 109, 303(2), 3(5) of the Bhartiya Nayay

                    Sanhita, 2023 and section 27 of the Arms Act lodged on

                    01.05.2025 by the informant, Ayush Kumar.

                                 3. Mr. Durgesh Nandan, learned counsel for the

                    petitioner at the outset submits that the petition has become

                    infructuous and as such he may be permitted to withdraw the

                    same.

                                 4. Accordingly,         the    petition     is   dismissed       as

                    withdrawn.



                                                  (Rajiv Roy, J)
Ravi/-

U        T

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