Avinash Balvant Patil v. The Police Inspector @ Investigation Officer

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1158 OF 2026 Vinod Ramdas Taral ... Applicant V/s.

The State of Maharashtra ... Respondent (Sr. No. 13)ANTICIPATORY BAIL APPLICATION NO. 1042 OF 2026 Avinash Balvant Patil ... Applicant V/s.

The Police Inspector @ Investigation Officer

...Respondent

--- Ms. Vaishnavi Patange, Advocate for Applicant in ABA No. 1158 of 2026.

Mr. Sanjeev Kadam, Senior Advocate a/w Mr. Harish D. Garde, Advocate for the Applicant in ABA No. 1042 of 2026. Ms. M. M. Deshmukh, GP for Respondent - State in both ABA. --- CORAM : ASHWIN D. BHOBE, J.

DATE : 30th APRIL, 2026 P.C. :

1.

By these Applications, the Applicants are seeking prearrest bail in connection with FIR bearing No. 0216 dated 12th

March, 2026 registered with Nashik Road Police Station, Nashik. 2.

Ms. M. M. Deshmukh, learned Additional Public Prosecutor raises an objection to the maintainability of the present Anticipatory Bail Application before this Court. Her objection is that the Applicant is required to approach the Sessions Court with the Application under Section 482 of BNSS, 2023 having jurisdiction at the first instance.

3.

The Hon'ble Supreme Court in the case of Jagdeo Prasad v. State of Bihar, 2025 SCC OnLine SC 2108 in paragraph No. 15 has observed as follows :- "The Hon'ble Supreme Court in the case of Jagdeo Prasad v/s The State of Bihar, while considering the issue of concurrent jurisdiction under section 438 of Cr.P.C. observed that the High Court should always encourage exhausting an alternate/concurrent remedy before directly interfering itself, as this approach balances the interests of all stakeholders, first by giving the aggrieved party a round to challenge before the High Court. Second, this approach provides the High Court an opportunity to assess the judicial perspective so applied by the Session Court in the concurrent jurisdiction."

4.

Faced with the said objection, Mr. Sanjeev Kadam, learned Senior Advocate for the Applicant in Anticipatory Bail Application No. 1042 of 2026 and Ms. Vaishnavi Patange,

appearing in Anticipatory Bail Application No. 1158 of 2026 seek leave to withdraw the present Application with liberty to approach the Sessions Court with the Anticipatory Bail Application under Section 482 of the Code of Criminal Procedure, 1973. 5.

Request made by Mr. Sanjeev Kadam, learned Senior Advocate in Anticipatory Bail Application No. 1042 of 2026 and Ms. Vaishnavi Patange, learned Advocate for the Applicant in Anticipatory Bail Application No. 1158 of 2026 is not opposed by Ms. M. M. Deshmukh, learned APP.

6.

In view of the above, leave granted to withdraw the Anticipatory Bail Application No. 1158 of 2026 and Anticipatory Bail Application No. 1042 of 2026 the liberty as prayed. 7.

Anticipatory Bail Application No. 1158 of 2026 and Anticipatory Bail Application No. 1042 of 2026 are disposed of. (ASHWIN D. BHOBE, J.)