Patna High Court
Bijli Das @ Bkijli DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The Court refused to grant anticipatory bail and directed the petitioner to surrender and apply for regular bail within three weeks.
Summary
Petitioner Bijli Das feared arrest in a case registered under Sections 103(1), 238 and 3(5) of the B.N.S. He filed an application for anticipatory bail, which he later withdrew with the liberty to seek regular bail as per the Court's order dated 14‑08‑2025. The petitioner now seeks renewal of the anticipatory bail. The Patna High Court found no justification to alter its earlier stance and declined to grant anticipatory bail. Instead, it directed the petitioner to surrender before the lower court within three weeks and apply for regular bail, assuring that the lower court would grant it promptly. The application for anticipatory bail was therefore disposed of.
Issues considered
- Whether the petitioner is entitled to a fresh order of anticipatory bail after having withdrawn the earlier application.
- Whether the court should direct the petitioner to seek regular bail instead of granting anticipatory bail.
Legislation cited
- B.N.S. — s. 103(1), 238, 3(5)
Subjects
- anticipatory bail
- regular bail
- withdrawal of bail application
- criminal procedure
- B.N.S.
- Section 103
- Section 238
- Section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88808 of 2025
Arising Out of PS. Case No.-220 Year-2024 Thana- AURAI District- Muzaffarpur
======================================================
Bijli Das @ Bkijli Das S/o Chandeshwar Das R/o vill - Prayagchak, P.S.-
Aurai, Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Binode Bariar, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Aurai P.S. Case No.220 of 2024 in a case registered for the
offences punishable under Section 103(1), 238 and 3(5) of the
B.N.S.
3. The present application has been filed for renewing
the prayer for anticipatory bail, although earlier prayer was
withdrawn with the liberty to seek regular bail by the order
dated 14.08.2025 passed by this Court in Cr. Misc. No. 5741 of
2025.
4. In such view of the matter, this Court does not find
any reason to pass a different order. However, if the petitioner
surrenders before the learned Court below within a period of
Patna High Court CR. MISC. No.88808 of 2025(2) dt.16-01-2026
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three weeks from today and seeks regular bail, the learned Court
below would pass the order, preferably, on the same day,
without being prejudiced by earlier order of withdrawal and by
the present order, considering the fact that other co-accused
persons of this Court have already been granted bail.
5. With the aforesaid liberty, this application is
disposed of.
(Soni Shrivastava, J)
anand/-
U T
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