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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition was dismissed as withdrawn.

Summary

The petitioner, Chandan Kumar, filed a petition in the Patna High Court fearing arrest under sections 25(1‑B)a, 26, 27 and 35 of the Arms Act in connection with PS case No. 135 of 2025. The petition was listed on 15 January 2026. During the hearing, counsel informed the court that the petitioner had already been arrested and sought to withdraw the petition. The court accepted the request and dismissed the petition as withdrawn. No substantive merits of the arms‑related charges were examined.

Issues considered

  • Whether a petition seeking relief from arrest can be withdrawn after the petitioner has been arrested
  • Whether the court may dismiss a petition as withdrawn without adjudicating the merits

Legislation cited

Subjects

  • Arms Act
  • Arrest
  • Petition withdrawal
  • Criminal Miscellaneous
  • High Court of Patna

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.90455 of 2025
                        Arising Out of PS. Case No.-135 Year-2025 Thana- MANPUR District- Nalanda
                  ======================================================
                  Chandan Kumar S/O Ramnandan Yadav R/O Village- Bahuara, P.S.- Manpur,
                  District- Nalanda.                                   ... ... Petitioner/s
                                               Versus
                  The State of Bihar                           ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Ranvijay Singh, Advocate
                                                   Mr. Jitendra Kumar, Advocate
                  For the Opposite Party/s :       Mr.Mohammed Arif, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

2    15-01-2026                   Heard the parties.

                                  2. The petitioner is apprehending arrest in connection

                    with Manpur          P.S. Case No. 135 of 2025                 instituted under

                    Sections 25(1-B)a/26/27/35               of the Arms Act lodged on

                    25.08.2025 by the informant, Hare Krishna Singh.

                                  3. Mr. Jitendra Kumar, Learned counsel, on

                    instruction from Mr. Ranvijay Singh submits that the petitioner,

                    Chandan Kumar has been arrested and as such he he may be

                    permitted to withdraw the petition.

                                  4. Accordingly,         the    petition     is    dismissed       as

                    withdrawn.



                                                   (Rajiv Roy, J)
Ravi/-

U        T


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