Patna High Court

Subhash KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: WITHDRAWN
Bench: RAJIV ROY

Holding

The anticipatory bail application is dismissed as withdrawn.

Summary

The petitioner, Subhash Kumar, feared arrest in connection with a case (PS Imamganj Case No. 96 of 2025) filed under Sections 69 and 85 of the Bihar Narcotic Substances Act and Sections 3 and 4 of the Dangerous Drugs and Psychotropic Substances Act, based on an informant’s complaint. He had applied for anticipatory bail. During the hearing, counsel submitted that the petitioner had already surrendered before the court and therefore wished to withdraw the anticipatory bail petition. The court considered whether the petition could be withdrawn after surrender. Since the petitioner expressly sought withdrawal, the court allowed the petition to be withdrawn. Consequently, the anticipatory bail application was dismissed as withdrawn.

Issues considered

Whether an anticipatory bail application can be withdrawn after the petitioner has surrendered.

Legislation cited

Bihar Narcotic Substances Act — s. 69, 85
Dangerous Drugs and Psychotropic Substances Act — s. 3, 4

Subjects

anticipatory bail
withdrawal of petition
criminal procedure
narcotic law
dangerous drugs act

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.87937 of 2025
                         Arising Out of PS. Case No.-96 Year-2025 Thana- IMAMGANJ District- Gaya
                  ======================================================
                  Subhash Kumar S/o Bulu Das Resident of Village - Kajarsot, P.S - Sherghati,
                  District – Gaya                                          ... ... Petitioner/s
                                                 Versus
                  The State of Bihar                               ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Dudheshwar Singh, Advocate
                                                   Mr. Manish Kumar Singh, Advocate
                  For the Opposite Party/s :       Mr.Pronoti Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

2    28-01-2026                   Heard the parties.

                                  2. The petitioner is apprehending arrest in connection

                    with Imamganj P.S. Case No. 96 of 2025 instituted under

                    Sections 69/85         of the B.N.S and 3/4 D.P. Act lodged on

                    24.03.2025 by the informant, Renu Kumari.

                                  3. Mr. Dudheshwar Singh, learned counsel for the

                    petitioner submits that the petitioner has surrendered and as

                    such he may be permitted to withdraw the petition.

                                  4. Accordingly, the anticipatory bail application is

                    dismissed as withdrawn.



                                                   (Rajiv Roy, J)
Ravi/-

U        T

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