Patna High Court
Sri Rahul Kumar @ Raidar @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail petition is dismissed as withdrawn.
Summary
The petitioner, Rahul Kumar, filed an anticipatory bail application fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Amendment Act in connection with a case registered on 25‑12‑2025. While the petition was pending, he was actually arrested. His counsel informed the court that, given the arrest, the petitioner wished to withdraw the anticipatory bail petition. The court allowed the withdrawal and dismissed the anticipatory bail application as withdrawn. No substantive merits of the bail application were considered.
Issues considered
- Whether anticipatory bail can be granted under Section 30(a) of the Bihar Prohibition and Excise Amendment Act
- Whether a petition for anticipatory bail may be withdrawn after the petitioner has been arrested
Subjects
- anticipatory bail
- withdrawal of petition
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8589 of 2026
Arising Out of PS. Case No.-232 Year-2025 Thana- MUSRIGHRARI District- Samastipur
======================================================
Sri Rahul Kumar @ Raidar @ Rahul Kumar S/O Lal Bahadur Singh @ Sri
Lalbahadur Singh @ Lalbahadur Singh Resident of Village- Fatehpurwala,
P.S- Musrigharari, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-02-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Musrighrari P.S. Case No. 232 of 2025 for the
offence under Sections 30(a) of the Bihar Prohibition and Excise
Amendment Act lodged on 25.12.2025 by the informant, Neha
Nidhi.
3. It has been informed by the learned counsel that the
petitioner, during the pendency of the petition, has been arrested
and as such, he may be permitted to withdraw the petition.
4. Permission accorded.
5. Accordingly, the anticipatory bail application stands
dismissed as withdrawn.
(Rajiv Roy, J)
Adnan/-
U T
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