Vishal Kumar @ Bhagdeo Ray v. The State Of Bihar

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 DistrictPatna ====================================================== 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 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