Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
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The petition was dismissed as withdrawn.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 The court accepted the request and dismissed the petition as withdrawn.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- Whether a petition seeking relief from arrest can be withdrawn after the petitioner has been arrested
- Whether the court may dismiss a petition as withdrawn without adjudicating the merits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
- Arms Act — s. 25(1-B)a, 26, 27, 35
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withdrawn.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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