Patna High Court
Harishankar Prasad @ Harishankar Prasad ShrivastavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The anticipatory bail application is withdrawn and any regular bail application filed within three weeks of surrender shall be considered on its merits without prejudice.
Summary
Harishankar Prasad, a 70‑year‑old deed writer from Gopalganj, faced two coercive processes under Sections 82 and 83 of the Criminal Procedure Code. He filed an application for anticipatory bail but later sought to withdraw it and instead surrender to obtain regular bail. The petitioner’s counsel requested withdrawal, citing the coercive orders and his advanced age. The Court allowed the withdrawal, disposing of the anticipatory bail application, and directed that any regular bail application filed within three weeks of surrender be considered on its merits without prejudice. The order emphasized that the matter would be heard promptly if the petitioner surrenders.
Issues considered
- Can an anticipatory bail application be withdrawn after coercive processes under Sections 82 and 83 have been issued?
- Will a subsequent regular bail application be considered without prejudice to the withdrawn anticipatory bail application?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82, 83
Subjects
- anticipatory bail
- regular bail
- withdrawal
- coercive process
- CrPC Section 82
- CrPC Section 83
- age factor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7447 of 2026
Arising Out of PS. Case No.-381 Year-1993 Thana- GOPALGANJ COMPLAINT CASE
District- Gopalganj
======================================================
Harishankar Prasad @ Harishankar Prasad Shrivastav Son of Late
Raghunandan Lal R/O vill.- Tewari Matihaniya, P.S.- Vishambharpur, Dist.-
Gopalganj, working in Registry Kachahari Gopalganj, Distt.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sushil Kumar
For the Opposite Party/s : Mr. Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 After some arguments, learned counsel for the
petitioner prays for withdrawal of the present application in
order to surrender and seek regular bail only on account of the
fact that twice the coercive process under 82 and 83 have been
issued against him and it is only thereafter he has approached
the court for grant of anticipatory bail.
2. Prayer is allowed.
3. Accordingly, this application is disposed of as
withdrawn.
4. However, it is made clear that in case the petitioner
surrenders and seeks regular bail within a period of three weeks,
the same shall be considered on its own merits without being
prejudiced by the present withdrawal and the court concerned
would preferably consider the matter on the same day in view of
Patna High Court CR. MISC. No.7447 of 2026(2) dt.04-02-2026
2/2
the fact that the petitioner is an old man of over 70 years of age
and he is only a deed writer.
(Soni Shrivastava, J)
devendra/-
U T
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