Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64380 of 2025 Arising Out of PS. Case No.-266 Year-2013 Thana- BARAULI District- Gopalganj ====================================================== Pankaj Kumar S/o- Avinash Kumar R/o Village- Ijarata PS - Pali Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-09-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420 and 406/34 of the Indian Penal Code in connection with Barauli P.S. Case No. 266 of 2013.

3. Learned counsel for the petitioner at the outset submits that notice under Section 41A Cr.P.C. has been given the petitioner. It is further submitted that notice under Section 41A Cr.P.C. is given only when the police decide not to arrest the petitioner and inform the learned Magistrate. It is next submitted that it appears that the petitioner on wrong advice moved before the learned District Court seeking anticipatory bail when notice under Section 41A Cr.P.C. had already been issued to the petitioner.

Patna High Court CR. MISC. No.64380 of 2025(2) dt.25-09-2025 2/2

4. Learned counsel for the petitioner thus seeks permission to withdraw the anticipatory bail application with liberty to file afresh, if need arises.

5. Permission is accorded.

6. Accordingly, the instant anticipatory bail application is dismissed as withdrawn.

(Satyavrat Verma, J) Kundan/- U T