Rajesh Rai @ Rajesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51350 of 2025 Arising Out of PS. Case No.-180 Year-2023 Thana- NADI P.S. District- Patna ====================================================== Rajesh Rai @ Rajesh Ray S/o Sri Rampukar Ray Village- Hardaspur, PSDharnipatti, Distt.- Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nityanand Kumar, Advocate For the Opposite Party/s :

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner, learned Special P.P. for the State and learned counsel for opposite party no. 2.

2. The petitioner apprehends his arrest in a case punishable for offence under Section 379 of the Indian Penal Code.

3. At the outset, learned A.P.P. for the State submits that in this case, process of Section 82/83 of the Cr.P.C. has already been initiated against this petitioner and as such, this bail application is not maintainable, in view of several decisions of the Supreme Court, rendered in the case of (i) Lavesh v. State (NCT of Delhi), reported in (2012) 8 S.C.C. 730, (ii) State of MP v. Pradeep Sharma, reported in (2014) 2 S.C.C. 17, and (iii) Prem Shankar Prasad v. State of Bihar, reported in 2021 SCC

Patna High Court CR. MISC. No.51350 of 2025(3) dt.21-08-2025 2/2 Online SC 955.

4. Considering the aforesaid development, the application, filed for grant of anticipatory bail to petitioner, stands dismissed.

(Prabhat Kumar Singh, J) Prakash/- U