Patna High Court

Baikunth Raut @ Srikant PrasadversusThe State of Bihar

Decided: 23 March 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The anticipatory bail application was dismissed as withdrawn after permission to withdraw was granted.

Summary

The petitioner, Baikunth Raut, filed an anticipatory bail application under Sections 281 and 106 of the Bihar Negotiable Instruments Act. He argued that Section 106(2) has not been notified and that Section 106(1) is bailable, making the district court's rejection of his anticipatory bail improper. The petitioner’s counsel then sought the court’s permission to withdraw the anticipatory bail application and to surrender for regular bail. Justice Satyavrat Verma granted permission to withdraw the application. Consequently, the anticipatory bail application was dismissed as withdrawn.

Issues considered

Whether an anticipatory bail application under Section 106 of the Bihar Negotiable Instruments Act is maintainable when Section 106(2) is not notified
Whether the district court erred in rejecting the anticipatory bail application

Legislation cited

Bihar Negotiable Instruments Act — s. 106, 281

Subjects

anticipatory bail
regular bail
Section 106
Section 281
Bihar Negotiable Instruments Act
withdrawal of application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4786 of 2026
                      Arising Out of PS. Case No.-453 Year-2024 Thana- DIDARGANJ District- Patna
                 ======================================================
                 Baikunth Raut @ Srikant Prasad Son of Aditya Narayan Raut Resident of
                 Talimpur Barh, P.S - Barh, Distt. - Patna.
                                                                         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dinesh Chaudhary, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-03-2026                  1. Heard learned counsel for the petitioner and Mr.
                   Chandra Bhushan Prasad, learned A.P.P. for the State.
                                2. Learned counsel for the petitioner submits that FIR
                   was instituted under Sections 281 and 106 of the BNS. It is
                   further submitted that Section 106(2) of the BNS till date has
                   not been notified and Section 106(1) of the BNS is bailable but
                   then it is submitted that without appreciating the said fact the
                   learned District Court rejected the anticipatory bail application
                   of the petitioner when the same was not maintainable. Learned
                   counsel for the petitioner, thus, seeks permission to withdraw
                   the anticipatory bail application with liberty to the petitioner to
                   surrender and seek regular bail.
                                3. Permission is accorded.
                                4. Accordingly, this application is dismissed as
                   withdrawn.


                                                                       (Satyavrat Verma, J)

Kundan/-

U     T

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