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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37084 of 2026 Arising Out of PS. Case No.-509 Year-2025 Thana- PATAHI District- East Champaran ====================================================== Rajdev Ray S/o Yogendra Ray Resident of Village- Narayanpur, P.S. Patahi, District- East Champaran , Motihari ... ... Petitioner/s Versus
1. The State of Bihar
2. Mani Bhushan Giri S/o Suraj Giri R/o Narayanpur, ward no. 10, P.S.- Patahi, Distt.- East Champaran
3. Samdeo Giri S/o Late Rikhnandan Giri R/o Narayanpur, ward no. 10, P.S.- Patahi, Distt.- East Champaran
4. Sanjeet Giri S/o Parsh Giri R/o Narayanpur, ward no. 10, P.S.- Patahi, Distt.- East Champaran
5. Sikandra Giri @ Sikindra Giri S/o Late Ram Swaroop Giri R/o Narayanpur, ward no. 10, P.S.- Patahi, Distt.- East Champaran
6. Jitesh Giri S/o Surendra Giri R/o Narayanpur, ward no. 10, P.S.- Patahi, Distt.- East Champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bhubneshwar Mahto, Advocate For the Opposite Party/s : Mr.Binod Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 14-07-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The present application has been filed seeking cancellation of the anticipatory bail granted to Opposite Parties vide order dated 29.01.2026 passed in A.B.P. No. 227 of 2026 arising out of Patahi P.S. Case No. 509 of 2025, registered under Sections 191(2), 191(3), 190, 115(2), 118(1), 109(1), 74, 352, 351(2), 303(2), 324(4) of the B.N.S.
Patna High Court CR. MISC. No.37084 of 2026(2) dt.14-07-2026 2/3
3. Learned counsel for the petitioner submits that on the date the impugned order was passed, proceedings under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 82 of the Code of Criminal Procedure, 1973) had already been initiated against the opposite parties.
4. In view of the aforesaid submission, learned counsel for the petitioner seeks permission to withdraw the present application with liberty to approach the learned Additional Judicial Magistrate concerned, who had granted anticipatory bail, by filing an appropriate application on the aforesaid ground.
5. Accordingly, the present application is dismissed as withdrawn with the aforesaid liberty.
6. If such an application is filed, the same shall be considered and decided by the learned Additional Judicial Magistrate concerned, in accordance with law, within a period of one month from the date of its filing, after affording an opportunity of hearing to all concerned parties. In the event of non-cooperation by any party, the learned Magistrate shall be at liberty to proceed ex parte in accordance with law.
7. Let a copy of this order be communicated through
Patna High Court CR. MISC. No.37084 of 2026(2) dt.14-07-2026 3/3 FAX or e-mail to the Principal District Judge, East Champaran, for its compliance.
tusharika/- (Sandeep Kumar, J) U T