Patna High Court

Ashish Kumar @ Ashish DasversusThe State of Bihar

Decided: 4 February 2026
Disposal: WITHDRAWN
Bench: PRABHAT KUMAR SINGH

Holding

The court held that the anticipatory bail application may be withdrawn upon the petitioner's request and therefore dismissed it as withdrawn.

Summary

Ashish Kumar applied for anticipatory bail before the High Court of Patna. While the application was pending, he was arrested by the police. The petitioner then moved the court seeking permission to withdraw the anticipatory bail application, arguing that it was no longer necessary. The court examined whether a petitioner can withdraw an anticipatory bail application after being taken into custody. Finding no legal impediment, the court granted the request. Consequently, the anticipatory bail application was dismissed as withdrawn.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Whether an anticipatory bail application can be withdrawn after the petitioner has been arrested

Subjects

anticipatory bail
withdrawal
arrest
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5603 of 2026
                   Arising Out of PS. Case No.-925 Year-2025 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Ashish Kumar @ Ashish Das Son of Amlesh Yadav (Guru Father Mahanth
                 Basudeo Das) Resident of village - Khopaiti, Ward No.- 10, P.S.- Madhepura,
                 District - Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pawan Kumar, Advocate
                 For the Opposite Party/s :      Mr. Ram Anurag Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                  Learned counsel for the petitioner seeks permission to

                   withdraw this anticipatory bail application as petitioner has

                   already been arrested during pendency of the case.

                                2. Permission is granted.

                                3. This anticipatory bail application is, accordingly,

                   dismissed as withdrawn.



                                          (Prabhat Kumar Singh, J)
Navya/-

U         T

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