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Patna High Court

Dinesh RoyversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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