Patna High Court
Devendra Prasad @ Devendra KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- AJIT KUMAR
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An anticipatory bail application is dismissed as withdrawn when the petitioner is arrested during its pendency.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that anticipatory bail is intended to prevent arrest, and once the petitioner is already in custody, the relief is no longer applicable. Consequently, the Court held that the anticipatory bail application stands dismissed as withdrawn.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application stands dismissed as withdrawn on having become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
Checking your session…