Vinod Sahu @ Binod SahuversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39965 of 2026
                  Arising Out of PS. Case No.-242 Year-2024 Thana- DARBHANGA COMPLAINT CASE
                                                   District- Darbhanga
                 ======================================================
                 Vinod Sahu @ Binod Sahu S/O Ram Sewak SAhu Resident of Village-
                 Bhalpatti, Ward No.7, P.S.- Bhalpatti, Dist- Darbhanga.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Premlal Mandal S/O Harishchandra Mandal R/O Ward Member-6, Gram
                 Panchayat, Bhalpatti, P.S.- Sadar (Bhalpatti O.P.), Distt.- Darbhanga.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Saurav Anand
                 For the Opposite Party/s :   Mr.Dilip Kumar No. 1
                                              Mr. Arvind Kumar Singh, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026               1.    Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the complainant.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 406, 409,

                   418, 420, 467, 468, 471, 120B of the Indian Penal Code.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the complainant

                   alleges that petitioner being Mukhiya along with ex-Panchayat

                   Secretary and Junior Engineer have embezzled an amount of Rs.

                   9,25,000/- in respect of scheme as detailed in the FIR.

                             4.    Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case at the
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          instance of complainant, who is his political opponent. It is next

          submitted that if what has been alleged in the complaint case is

          true, in that event the complainant ought to have first

          approached the district authorities bringing to their notice that

          the schemes as detailed in the FIR for which the amount was

          disbursed, have not been completed and the accused persons

          including the petitioner have embezzled the amount so that the

          matter could have been inquired and verified and an FIR could

          have been instituted by the authorities, but instead of

          approaching the authorities, the complainant instituted a

          complaint case based on which cognizance came to be taken. It

          is also submitted that if privilege of anticipatory bail is granted

          to the petitioner, the petitioner will not abscond rather will

          cooperate in the trial to prove his innocence.

                   5.     Learned A.P.P. for the State and learned counsel

          appearing on behalf of the complainant opposes the prayer for

          anticipatory bail of the petitioner, but then are not in a position

          to rebut the submissions of the learned counsel appearing on

          behalf of the petitioner that complainant before instituting the

          complaint case did not approach the authorities, but then the

          learned counsel appearing on behalf of the complainant submits

          that by order dated 11-12-2025 process under Section 82 Cr.P.C.
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          has been issued. It is further submitted by learned counsel

          appearing on behalf of the complainant that process under

          Section 82 Cr.P.C has been issued hence the petitioner has

          approached this Court but then has not disclosed the said fact in

          the instant anticipatory bail application .

                   6.     Learned counsel for the petitioner submits that

          petitioner is not aware that process under Section 82 Cr.P.C has

          been issued against him. It is next submitted that prior to issuing

          of process under Section 82 Cr.P.C, the petitioner ought to have

          received summons, bailable warrant and non-bailable warrant,

          but then petitioner never received any summons in the case.

                   7.     Learned counsel for the petitioner further submits

          that petitioner be permitted to challenge the order by which non-

          bailable warrant of arrest and process under Section 82 Cr.P.C

          has been issued, on which the learned counsel appearing on

          behalf of the complainant submits that for assailing any order,

          permission is not required.

                   8.     Learned counsel for the petitioner, at this stage,

          seeks permission to withdraw the anticipatory bail application

          with liberty to the petitioner to renew his prayer for anticipatory

          bail afresh, if need arises.

                   9.     Permission is accorded.
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                                 10. Accordingly, the anticipatory bail application is

                        dismissed as withdrawn with the liberty aforesaid.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T