Patna High Court

Md. Firoz @ Fizwa @ Firoz Alam @ Fizwa AlamversusThe State of Bihar

Decided: 11 February 2026
Disposal: WITHDRAWN
Bench: RAJIV ROY

Holding

The anticipatory bail application is dismissed as withdrawn.

Summary

The petitioner, Md. Firoz, feared arrest in connection with a case registered under Sections 25(1‑B)a, 26 and 35 of the Arms Act. He filed an anticipatory bail application before the Patna High Court. While the petition was pending, the petitioner was arrested, prompting his counsel to seek withdrawal of the anticipatory bail petition. The court considered the request and noted that the petitioner had already been taken into custody. Consequently, the court dismissed the anticipatory bail application as withdrawn.

Issues considered

What is the appropriate course of action when an anticipatory bail applicant is arrested before the petition is decided?
Can an anticipatory bail petition be withdrawn after the applicant's arrest?

Legislation cited

Arms Act — s. 25(1‑B)a, 26, 35

Subjects

anticipatory bail
Arms Act
arrest
withdrawal of petition
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.69870 of 2025
                        Arising Out of PS. Case No.-1 Year-2023 Thana- MALAYPUR District- Jamui
                  ======================================================
                  Md. Firoz @ Fizwa @ Firoz Alam @ Fizwa Alam S/O Md. Tasleem R/O-
                  Vill- Mirzapur, Bardah, P.S- Muffasil, Distt- Munger
                                                                              ... ... Petitioner/s
                                                     Versus
                  The State of Bihar
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :        Ms. Eashita Raj, Advocate
                                          :        Ms. Priyanka Singh, Advocate
                  For the State           :        Mr. Upendra Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

4    11-02-2026                     Heard the parties.

                                   2. The petitioner is apprehending his arrest in

                    connection with Malaypur P.S. Case No. 01 of 2023 registered

                    for the offence punishable under Sections 25(1-B)a, 26 and 35

                    of the Arms Act, lodged on 04.01.2023 by the informant

                    Rajvardhan Kumar.

                                   3. Ms. Eashita Raj, learned counsel for the petitioner

                    submits that the petitioner has been arrested during the

                    pendency of the petition and as such, she may be permitted to

                    withdraw the petition.

                                   4. Accordingly, the anticipatory bail application is

                    dismissed as withdrawn.



                                                  (Rajiv Roy, J)
vinayak/-

U      T

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