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7. He also submits that process under Section 82, 83 Cr.PC, corresponding to Sections 84 and 85 B.N.S.S. Patna High Court CR. MISC. No.33213 of 2025 dt.27-08-2025 respectively, have been taken by the Police during pendency of the anticipatory bail petition before the District Court as well as this Court. Hence, they could not be held to be avoiding warrants of arrest. They moved the courts of law for the anticipatory bail under the law of the land and, hence, process under Sections 82, 83 Cr.PC/Sections 84 and 85 B.N.S.S should not come in the way of grant of anticipatory bail.

Section 438 Cr.PC/Section 482 B.N.S.S. and Sections 82 and 83 Cr.PC/Sections 84 and 85 B.N.S.S.

9. Before I proceed to consider the prayer of the Petitioners for grant of anticipatory Bail, it is imperative to discuss Patna High Court CR. MISC. No.33213 of 2025 dt.27-08-2025 whether anticipatory bail petition is maintainable in view of the proceedings under Sections 82 and 83 Cr.PC, corresponding to Sections 84 and 85 B.N.S.S respectively. This question is not res- integra. Hon'ble Supreme Court has considered this question on several occasions:

16. Hence, it clearly emerges that the anticipatory bail petition of a Petitioner facing accusation is maintainable, even if the proceeding under Sections 82 and 83 Cr.PC/Sections 84 and 85 B.N.S.S, have been initiated against him. However, grant or rejection of anticipatory bail would depend upon the facts and circumstances of the case. The Court is required not only to see the circumstances under which the proceedings under Sections 82 and 83 Cr.PC/Sections 84 and 85 B.N.S.S. were taken, but, even the nature of the allegation and the material in support thereof is also required to be looked into. The Court is also required to consider the factum of the proceeding taken under Sections 82 and 83 Cr.PC/Sections 84 and 85 B.N.S.S. seriously and not casually, while considering the anticipatory bail petition of such accused.

21. I further find that proceedings under Sections 82 and 83 Cr.PC/Sections 84 and 85, BNSS have been taken against the petitioners during pendency of their anticipatory bail Patna High Court CR. MISC. No.33213 of 2025 dt.27-08-2025 petition before the District Court as well as this Court. Hence, the Petitioners could not be held to be evading arrest.

22. Considering the case and counter case, injuries on both sides and clean antecedents of the petitioners as well as lack of specific allegation against any of them, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the Court below within a period of eight weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Manjhi PS. Case No.-379 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS, 2023 and on the following conditions: