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Patna High CourtCR. MISC./79167/2025disposed

Bhikhari Rai v. The State Of Bihar

2026-02-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79167 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- AKILPUR District- Saran ====================================================== 1.

Bhikhari Rai Son of Late Ramanuj Rai R/o Vill. - Naya Panapur, P.S. - Akilpur, Dist. - Saran at Chapra.

2.

Dineshwar Rai Son of Bhikhari Rai R/o Vill. - Naya Panapur, P.S. - Akilpur, Dist. - Saran at Chapra.

3.

Mithu Rai Son of Bhikhari Rai R/o Vill. - Naya Panapur, P.S. - Akilpur, Dist. - Saran at Chapra.

4.

Satyendra Rai Son of Bhikhari Rai R/o Vill. - Naya Panapur, P.S. - Akilpur, Dist. - Saran at Chapra.

5.

Halchal Rai Son of Bhikhari Rai R/o Vill. - Naya Panapur, P.S. - Akilpur, Dist. - Saran at Chapra.

6.

Vikash Rai Son of Bhikhari Rai R/o Vill. - Naya Panapur, P.S. - Akilpur, Dist. - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Dr.Kamal Deo Sharma For the State :

Mr.Uma Shankar Prasad Singh For the Informant :

Mr.Manish Chandra Gandhi & Mr.H.Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-02-2026 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail petition, so far as petitioner nos. 2 to 6 are concerned.

2. Permission is granted.

3. The anticipatory bail petition, in respect of petitioner nos. 2 to 6, stands dismissed as withdrawn.

4. Further, learned counsel appearing on behalf of informant submits that in this case, process of Section 82/83 of

Patna High Court CR. MISC. No.79167 of 2025(2) dt.09-02-2026 2/2 the Cr.P.C. has already been initiated 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 Online SC 955.

5. Considering the aforesaid development, the prayer for anticipatory bail to petitioner no. 1 also stands dismissed. (Prabhat Kumar Singh, J) anay U T