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Patna High Court

Raghuveer Prasad Yadav @ Raghubir Prasad @ Raghubir RaiversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Anticipatory bail was denied because a valid process under Sections 82 and 83 of the CrPC had already been issued.

Summary

The petitioners, Raghuveer Prasad Yadav and his sons, sought anticipatory bail after a complaint (Case No. 247 of 2013) alleged they forged a sale deed, assaulted the complainant and her son, and stole gold ornaments. The complaint cited offences under IPC sections 406, 323, 427, 354, 379 and 504. The State argued that criminal processes under Sections 82 and 83 of the CrPC had already been issued on 13 January 2026. The petitioners contended that the processes were issued without a service report and that they were unaware of the case’s pendency. The Court examined the records and found that the issuance of the processes was proper and that anticipatory bail could not be granted once such processes are in force. Consequently, the Court rejected the petition for anticipatory bail.

Issues considered

  • Can anticipatory bail be granted when a process under Sections 82 and 83 of the CrPC has already been issued against the accused?
  • Does the lack of a service report or the accused’s unawareness of the case pendency affect the grant of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • forged deed
  • assault
  • theft
  • IPC
  • CrPC
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34282 of 2026
                  Arising Out of PS. Case No.-247 Year-2013 Thana- EAST CHAMPARAN COMPLAINT
                                                District- East Champaran
                 ======================================================
           1.     Raghuveer Prasad Yadav @ Raghubir Prasad @ Raghubir Rai S/o Mangani
                  Rai R/o Village - Bagaha, P.S. - Ghorahasan, Dist. - East Champaran.
           2.    Mukesh Rai @ Mukesh Kumar @ Mukesh Kumar Yadav S/o Raghuveer
                 Prasad Yadav @ Raghubir Rai @ Raghubir Prasad R/o Village - Bagaha,
                 P.S. - Ghorahasan, Dist. - East Champaran.
           3.    Akhilesh Rai @ Aklesh Prasad Yadav S/o Raghuveer Prasad Yadav @
                 Raghubir Rai @ Raghubir Prasad R/o Village - Bagaha, P.S. - Ghorahasan,
                 Dist. - East Champaran.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Vidya Devi W/o Ramvilas Singh R/o Village - Bagaha, P.S. - Ghorahasan,
                 Dist. - East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Suraj Kumar Tiwari, Advocate
                 For the Opposite Party/s :   Mr.Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   19-05-2026                  Heard the learned counsel for the petitioners and the

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Complaint Case No. 247 of 2013 registered for the

                   offences punishable under sections 406, 323, 427, 354, 379 and

                   504 of the Indian Penal Code.

                                3. As per the complaint case which has been lodged

                   on the basis of the complaint made by the complainant to the

                   effect that the petitioners have executed the sale deed of the land
             Patna High Court CR. MISC. No.34282 of 2026(2) dt.19-05-2026
                                                         2/2




                       of the complainant bearing Khata No. 70, Khesra No. 2998 area

                       measuring 51/2 dhurs by creating forged deed in their name

                       through co-accused Phuljhari Devi. When they tried to take

                       possession of the said land, the complainant protested upon

                       which they abused and assaulted her and her son. The accused

                       persons also snatched her gold ornaments worth Rs. 8,000/-.

                                    4. At the outset, the learned A.P.P. for the State

                       submits that the process under section 82 and 83 Cr.P.C. have

                       been issued. Upon which the learned counsel for the petitioner

                       submits that process under Section 82 and 83 Cr.P.C. have been

                       issued, on the same date, without awaiting for any service report

                       with regard to issuance of summons, warrants and the

                       petitioners were not aware about the pendency of the present

                       case.

                                    6. Having heard the learned counsel for the parties

                       and after going through the records, it appears that process

                       under section 82 and 83 of the Cr.P.C. have been issued against

                       the petitioner on 13.01.2026, therefore, I am not inclined to

                       grant anticipatory bail to the petitioner. Accordingly, the same is

                       rejected.


                                                   (Ritesh Kumar, J)

vinita/-
U        T


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