Patna High Court

Surendra KumarversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL REJECTED
Bench: RAJIV ROY

Holding

The anticipatory bail application is dismissed as it was voluntarily withdrawn by the petitioner.

Summary

Surendra Kumar, fearing arrest in connection with PS case No. 606 of 2021 for an alleged violation of section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2018, filed an anticipatory bail application before the Patna High Court. He later sought to withdraw the application, expressing a desire to surrender and obtain regular bail. The court considered the petitioner's request to withdraw the anticipatory bail. Since the petitioner voluntarily withdrew the application, the court dismissed the anticipatory bail petition. No further orders were made regarding surrender or regular bail.

Issues considered

Whether the anticipatory bail application can be entertained after the petitioner seeks to withdraw it
Whether the court can reject an anticipatory bail application on the ground of withdrawal by the petitioner

Subjects

anticipatory bail
withdrawal of application
criminal procedure
Bihar Prohibition & Excise Amendment Act
surrender

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8445 of 2026
                     Arising Out of PS. Case No.-606 Year-2021 Thana- JAHANABAD District- Jehanabad
                  ======================================================
                  Surendra Kumar S/o Site Ram Balmiki R/o Village - Khabara Kala, P.S -
                  Bhattu Kala, District - Fatehabad, State - Haryana
                                                                      ... ... Petitioner/s
                                                      Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Paras Nath, Adv.
                  For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

2    17-02-2026                    Heard the parties.

                                 2. The petitioner apprehends his arrest in connection

                    with Jehanabad P.S. Case No. 606 of 2021 for the offence

                    registered under sections 30(a) of Bihar Prohibition & Excise

                    Amendment Act, 2018.

                                 3. Learned counsel for the petitioner prays for

                    withdrawal of the petition to take necessary steps for

                    surrendering and seeking bail.

                                 4. The anticipatory bail application is rejected as

                    withdrawn.



                                                  (Rajiv Roy, J)
Vijay Singh/-

U      T

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