Patna High Court
Dinesh RoyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is not maintainable once the petitioner has submitted to the jurisdiction of the trial court; the petitioner must surrender and seek regular bail.
Summary
The petitioners sought anticipatory bail fearing arrest in a case (Korha P.S. Case No.25 of 2024) involving IPC sections 341, 323, 504 and 506/34. Initially the case comprised bailable offences for which bail was granted, but non‑bailable sections were later added in the charge‑sheet. The court relied on Mahendra Prasad Singh v. State of Bihar (2004) which holds that once a petitioner submits to the jurisdiction of the trial court, an anticipatory bail application is not maintainable. Accordingly, the High Court dismissed the anticipatory bail plea, directing the petitioners to surrender before the trial court within four weeks and apply for regular bail. The application was therefore disposed of without prejudice to the regular bail application.
Issues considered
- Whether anticipatory bail is maintainable when the petitioners have submitted to the jurisdiction of the trial court
- Whether the addition of non‑bailable offences after an initial bail order defeats the anticipatory bail relief
Legislation cited
- Indian Penal Code — s. 323, 341, 504, 506/34
Subjects
- anticipatory bail
- jurisdiction
- non‑bailable offences
- regular bail
- Indian Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25035 of 2026
Arising Out of PS. Case No.-25 Year-2024 Thana- KORHA District- Katihar
======================================================
1. Dinesh Roy Son of Late Nand Lal Ray Resident of Village- Bhatwara, P.S.-
Korha, District- Katihar
2. Ravi Kumar Roy @ Rahul Kumar Roy @ Rabi Kumar Son of Dinesh Roy
Resident of Village- Bhatwara, P.S.- Korha, District- Katihar
3. Amit Kumar Roy @ Amit Roy Son of Dinesh Roy Resident of Village-
Bhatwara, P.S.- Korha, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Korha P.S. Case No.25 of 2024 registered for the offences
punishable under Sections 341, 323, 504 and 506/34 of the
Indian Penal Code.
3. Learned counsel for the petitioners submits that
initially the case was filed under bailable Sections in which he
had been granted bail, whereafter at the time of submission of
charge-sheet, non bailable Sections have also been added.
4. In view of ratio laid down in the case of
Patna High Court CR. MISC. No.25035 of 2026(2) dt.01-05-2026
2/2
Mahendra Prasad Singh vs. The State of Bihar reported in
2004(3)PLJR 491, since the petitioners have submitted to the
jurisdiction of the Court, the present application for anticipatory
bail is not maintainable.
5. In such view of the matter, the present application
is disposed of with a liberty to the petitioners to surrender
before the learned Trial Court within four weeks from today and
seek regular bail and the learned Trial Court would consider the
same without being prejudiced by this order in view of the ratio
laid down in the case of Mahendra Prasad Singh (supra).
6. With the aforesaid observation and direction, this
application stands disposed of.
(Soni Shrivastava, J)
anand/-
U T
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