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Patna High Court

Harishankar Prasad @ Harishankar Prasad ShrivastavversusThe State of Bihar

Decided
Disposal
DISPOSED

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The anticipatory bail application is withdrawn and any regular bail application filed within three weeks of surrender shall be considered on its merits without prejudice.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  • Can an anticipatory bail application be withdrawn after coercive processes under Sections 82 and 83 have been issued?
  • Will a subsequent regular bail application be considered without prejudice to the withdrawn anticipatory bail application?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

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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