Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: WITHDRAWN
Bench: RAJIV ROY

Holding

The petition is dismissed as withdrawn.

Summary

The petitioner, Rahul Kumar, filed a petition in the Patna High Court seeking relief against an impending arrest in a criminal case (PS Case No. 109 of 2025) filed under several sections of the Bhartiya Nayay Sanhita, 2023 and Section 27 of the Arms Act. During the pendency of the petition, the petitioner was actually arrested. The petitioner’s counsel informed the court of this development. The court, noting that the petitioner was now in custody, held that the petition could no longer be pursued and ordered its dismissal as withdrawn. No substantive merits of the criminal charges were addressed.

Issues considered

Whether a petition seeking relief from arrest can continue after the petitioner has been arrested

Legislation cited

Arms Act — s. 27
Bhartiya Nayay Sanhita, 2023 — s. 115(2), 126(2), 324(4), 352, 64, 89

Subjects

criminal procedure
petition withdrawal
arrest
Bhartiya Nayay Sanhita
Arms Act

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.90610 of 2025
                       Arising Out of PS. Case No.-109 Year-2025 Thana- DARIGAON District- Rohtas
                  ======================================================
                  Rahul Kumar S/O Mithlesh Chaudhary Age wongly mentiond in F.I.R- 23
                  Years, R/O Vill.- Pitambarpur, P.S.- Indrapuri,Dist- Rohtas (Bihar)
                                                                               ... ... Petitioner/s
                                                       Versus
             1.    The State of Bihar Bihar
             2.    S D/O Late Rajaram R/O Vill.- Beladhi, P.S. -Darigaon,Dist- Rohtas (Bihar)
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Leelawati Kumari, Advocate
                  For the Opposite Party/s :       Mr.Zainul Abedin, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

2    15-01-2026                    Heard Mrs. Leelawati Kumari, learned counsel for

                    the petitioner and the State.

                                 2. The petitioner is apprehending arrest in connection

                    with Darigaon P.S. Case No. 109 of 2025 instituted under

                    Sections 126(2), 115(2), 64, 89, 324(4), 352 of the Bhartiya

                    Nayay Sanhita, 2023 of the B.N.S and 27 of the Arms Act

                    lodged on 04.07.2025 by the informant, Seema Kumari.

                                 3. It has been informed by the learned counsel for the

                    petitioner that the sole petitioner has been arrested during the

                    pendency of the petition.

                                 4. Accordingly,         the     petition    is    dismissed        as

                    withdrawn.

                                                     (Rajiv Roy, J)
Ravi/-

U        T

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