Patna High Court

Ramesh Kumar @ JhutailaversusThe State of Bihar

Decided: 13 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court allowed the petitioner to withdraw the anticipatory bail application and dismissed it as withdrawn.

Summary

The petitioner, Ramesh Kumar, filed an anticipatory bail application before the Patna High Court. While the application was pending, he was arrested by the police. The petitioner’s counsel then sought the court’s permission to withdraw the anticipatory bail application. The court examined whether a petitioner may withdraw an anticipatory bail application after arrest. It held that the petitioner is free to withdraw the application and that the court may permit such withdrawal. Accordingly, the court granted permission and dismissed the anticipatory bail application as withdrawn.

Issues considered

Whether an anticipatory bail application can be withdrawn by the petitioner after the petitioner has been arrested

Subjects

anticipatory bail
withdrawal of application
arrest
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.72 of 2026
                       Arising Out of PS. Case No.-478 Year-2025 Thana- KHAJEKALA District- Patna
                  ======================================================
                  Ramesh Kumar @ Jhutaila S/o Sanjay Rai @ Sanjay Ray Resident of Village-
                  Nauzar Ghat, Diwan Mohalla, P.S.- Khajekalan, District- Patna

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Abhishek Rai
                  For the Opposite Party/s :       Mr. Nitya Nand Tiwary
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    13-01-2026                  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 the petitioner

                    during pendency of the instant anticipatory bail application was

                    arrested.

                                 3. Permission is accorded.

                                 4. The anticipatory bail application of the petitioner is

                    dismissed as withdrawn.



                                               (Satyavrat Verma, J)
amit/-

U        T

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