Patna High Court

Piyush Sharma @ RockyversusThe State of Bihar

Decided: 12 March 2026
Disposal: CONSIGNED
Bench: PURNENDU SINGH

Holding

The Court consigned the bail application, permitting its withdrawal as the petitioner chose to surrender.

Summary

Petitioner Piyush Sharma applied for pre‑arrest bail in a case registered under Section 64(1) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act. He indicated his intention to surrender before the District Court and sought to withdraw the anticipatory bail application. The learned counsel for the State opposed the withdrawal. The Court considered whether the anticipatory bail could be withdrawn when the petitioner is willing to surrender. Finding no impediment, the Court allowed the withdrawal and consigned the bail application. Consequently, the bail application was dismissed without further orders.

Issues considered

Whether an anticipatory bail application can be withdrawn when the petitioner intends to surrender before the trial court.
Whether pre‑arrest bail is warranted under Section 64(1) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act in the present circumstances.

Legislation cited

Bihar Narcotic Substances Act — s. 64(1)
Protection of Children from Sexual Offences Act — s. 4, 6

Subjects

anticipatory bail
pre‑arrest bail
withdrawal of bail application
surrender
POCSO Act
Bihar Narcotic Substances Act
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.10086 of 2026
                     Arising Out of PS. Case No.-280 Year-2025 Thana- VIJAYEPUR District- Gopalganj
                  ======================================================
                  Piyush Sharma @ Rocky S/o Harendra Sharma Resident Of Village- Kore,
                  Ps- Vijayipur, Dist- Gopalganj

                                                                                   ... ... Petitioner/s
                                                        Versus
            1.    The State of Bihar
            2.    X D/o Y R/o vill - Koraiya, P.S.- Vijayipur, Distt.- Gopalganj

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Uday Prasad Singh, Advocate.
                  For the Opposite Party/s :       Mr. Anil Kumar, APP.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

2    12-03-2026                     Heard learned counsel appearing on behalf of the

                    petitioner and learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                    with Vijayipur P.S. Case No. 280/2025 registered for the offence

                    punishable under Section 64(1) of the BNS and Sections 4/6 of

                    the POCSO Act.

                                 3. Learned counsel appearing on behalf of the

                    petitioner submits that the petitioner seeks to surrender before

                    the learned District Court. As such, he wants to withdraw the

                    present anticipatory bail application.

                                 4. The bail application, accordingly, stands consigned.


                                                                 (Purnendu Singh, J)
mantreshwar/-
U      T

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