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Patna High Court

Devendra Prasad @ Devendra KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

An anticipatory bail application is dismissed as withdrawn when the petitioner is arrested during its pendency.

Summary

The petitioner, Devendra Prasad, filed an anticipatory bail application before the Patna High Court. While the application was pending, he was arrested by the police. The petitioner then moved the Court seeking withdrawal of the anticipatory bail proceeding, arguing that the application had become moot. The State opposed the withdrawal, but the Court noted that anticipatory bail is intended to prevent arrest, and once the petitioner is already in custody, the relief is no longer applicable. Consequently, the Court held that the anticipatory bail application stands dismissed as withdrawn. The order was pronounced by Justice Ajit Kumar on 24‑02‑2026.

Issues considered

  • Whether an anticipatory bail application can continue after the petitioner has been arrested
  • Whether the petitioner may withdraw the anticipatory bail application once it becomes infructuous

Subjects

  • anticipatory bail
  • withdrawal
  • arrest
  • criminal procedure
  • High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5826 of 2026
                    Arising Out of PS. Case No.-637 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                         Champaran
                  ======================================================
                  Devendra Prasad @ Devendra Kumar S/o- Chhathu Prasad Resident of
                  Village- Godhwa PS- Muffasil Dist- East Champaran

                                                                                   ... ... Petitioner/s
                                                        Versus
                  The State of Bihar Bihar
                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s      :      Mr. Shashank Chandra, Advocate
                  For the State             :      Mr. Jitendra Kumar Singh, APP
                  For the Informant         :      Mr. Sharda Nand Mishra, Advocate
                                                   Mr. Anil Kumar Sinha, Advocate
                                                   Mr. Sumit Kumar Gupta, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                        ORAL ORDER

3    24-02-2026                        Heard learned counsel for the petitioner and learned

                    Additional Public Prosecutor for the State.

                                  2. Learned counsel for the petitioner submits that

                    during pendency of the anticipatory bail application, the

                    petitioner has been arrested and, hence he prays for withdrawal

                    of the case.

                                  3.     Accordingly,     the    present      anticipatory       bail

                    application stands dismissed as withdrawn on having become

                    infructuous.



                                                 (Ajit Kumar, J)
sharun/-

U      T


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