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Patna High Court

Vishal Kumar @ Bhagdeo RayversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The anticipatory bail application is dismissed as withdrawn, with liberty to the petitioner to approach the trial court.

Summary

Vishal Kumar filed a criminal revision challenging the issuance of a process under Section 82 of the Cr.P.C. after cognizance was taken in a complaint. The Additional Sessions Judge set aside the Section 82 process, and the case reverted to the summon stage. The petitioner then applied for anticipatory bail, but counsel argued that, following a Supreme Court order in SLP (Cr.) No. 16221 of 2025, the petitioner should approach the trial court instead. The Patna High Court allowed the petitioner to withdraw the anticipatory bail application and directed him to appear before the trial court. Consequently, the anticipatory bail application was dismissed as withdrawn.

Issues considered

  • Whether the anticipatory bail application is maintainable at the summon stage after the Section 82 process was set aside.
  • Whether the petitioner should seek anticipatory bail or approach the trial court as per the Supreme Court precedent.

Legislation cited

Subjects

  • anticipatory bail
  • Section 82 Cr.P.C.
  • criminal revision
  • withdrawal of application
  • High Court
  • arrest apprehension

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40659 of 2026
                 Arising Out of PS. Case No.-1135 Year-2020 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Vishal Kumar @ Bhagdeo Ray S/o Late Ramanand Ray R/o Village -
                 Lakhanipur, Maudah, PS - Patepur, District - Vaishali and Village - Dighi
                 Kala, P.S - Sadar Thana, District - Vaishali

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Deovind Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr. Kumar Veerendra Narayan, APP
                 For the O.P. No. 2       :     Mr. Avanindra Kumar Jha, Advocate
                                                Mr. Bishwash Vijeta, Advocate
                                                Mr. Ram Naresh Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-07-2026                  1. Heard learned counsel for the petitioner, the

                   learned APP for the State and the learned counsel appearing on

                   behalf of the O.P. No. 2.

                                2. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner apprehends arrest since

                   cognizance was taken in the complaint and thereafter process

                   under Section 82 Cr.P.C. was also issued, but then petitioner

                   filed Criminal Revision No. 266 of 2026 assailing the order by

                   which process under Section 82 Cr.P.C. was issued.

                                3. It is submitted that the learned Additional Sessions

                   Judge-XI, Patna set aside the order by which process under

                   Section 82 Cr.P.C. was issued. It is next submitted that as of
            Patna High Court CR. MISC. No.40659 of 2026(2) dt.06-07-2026
                                                        2/2




                      date, the case again stands at the stage of summon, on which

                      learned counsel appearing on behalf of the O.P. No. 2 submits

                      that since it has been submitted that the case now stands at the

                      stage of summon, as such, the petitioner, instead of moving this

                      Court seeking anticipatory bail, ought to have moved before the

                      learned Trial Court itself in terms of order dated 23.04.2026 in

                      Special Leave to Appeal (Criminal) No. 16221 of 2025 (Om

                      Prakash Chhawnika @ Om Prakash Vs.                        The State of

                      Jharkhand).

                                   4. At this stage, the learned counsel appearing on

                      behalf of the petitioner seeks permission to withdraw the

                      anticipatory bail application with liberty to the petitioner to

                      appear before the learned Trial Court in terms of the order of the

                      Hon’ble Supreme Court recorded hereinabove.

                                   5. Permission is accorded.

                                   6. Accordingly,         the    instant   anticipatory   bail

                      application stands dismissed as withdrawn with the liberty

                      aforesaid.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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