Patna High Court

Brijlal KumarversusThe State of Bihar

Decided: 5 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The Court permitted the withdrawal of the anticipatory bail application and dismissed it as withdrawn.

Summary

The petitioner, Brijlal Kumar, filed an anticipatory bail application in the Patna High Court after being implicated in a criminal case (PS. Case No.-228 Year-2025). While the application was pending, the petitioner was arrested by the police. The petitioner then sought the Court's permission to withdraw the anticipatory bail application, arguing that the purpose of the application was defeated by his arrest. The learned counsel for the State opposed the withdrawal, but the Court considered whether a party may voluntarily withdraw an anticipatory bail petition after arrest. The Court held that the petitioner is entitled to withdraw the application and granted the request. Consequently, the anticipatory bail application was dismissed as withdrawn.

Issues considered

Whether a petitioner may be permitted to withdraw an anticipatory bail application after being arrested during its pendency

Subjects

anticipatory bail
withdrawal
arrest
criminal procedure
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57086 of 2025
                 Arising Out of PS. Case No.-228 Year-2025 Thana- DURGAWATI District- Kaimur (Bhabua)
                 ======================================================
                 Brijlal Kumar S/o Late Shyamlal Singh R/o Village- Maharo, P.S.- Mohania,
                 District- Kaimur at Bhabua
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :       Ms. Renuka Ratnakar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   05-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. Learned counsel for the petitioner seeks permission

                   to withdraw the anticipatory bail application as petitioner was

                   arrested during pendency of the same.

                                3. Permission is accorded.

                                4. Accordingly, the anticipatory bail application is

                   dismissed as withdrawn.


                                                                       (Satyavrat Verma, J)

Kundan/-

U     T

Continue reading with your account

Checking your session…