Patna High Court
Juli KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because pending Section 82 proceedings and the petitioners’ criminal antecedents, in line with the Supreme Court precedent, precluded its grant.
Summary
The petitioners – Juli Kumari, Nilu Kumari and Asha Devi – applied for anticipatory bail fearing arrest in a case registered under IPC sections 436, 427, 429 and 34. The State opposed the bail, contending that proceedings under Section 82 of the Cr.P.C. were already pending against the petitioners and that they had three prior criminal antecedents. The State also relied on the Supreme Court’s decision in Prem Shankar Prasad v. State of Bihar (LL 2021 SC 579) to argue that bail should be denied. The Court examined the factual matrix, the existence of Section 82 proceedings, the petitioners’ criminal history and the precedent cited. Considering these factors, the Court concluded that the circumstances did not warrant the grant of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail can be granted when proceedings under Section 82 of the Cr.P.C. are already pending.
- Whether the petitioners’ criminal antecedents preclude the grant of anticipatory bail.
- Whether the Supreme Court’s decision in Prem Shankar Prasad v. State of Bihar is applicable to deny anticipatory bail in the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82
- Indian Penal Code — s. 34, 427, 429, 436
Subjects
- anticipatory bail
- Section 82 Cr.P.C.
- criminal antecedents
- IPC offences
- bail jurisprudence
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12268 of 2026
Arising Out of PS. Case No.-100 Year-2019 Thana- SAKURABAD District- Jehanabad
======================================================
1. Juli Kumari wife of Ravish Kumar Resident of Village -Bihta PS- Salimpur,
Dist- Patna
2. Nilu Kumari @ Khushboo Kumari Daughter of Late Dinesh Das Resident of
Village - Bhagwanpur, Ps- Shakurabad, Dist- Jehanabad
3. Asha Devi Wife of Late Dinesh Das Resident of Village - Bhagwanpur, Ps-
Shakurabad, Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Sameer Sawarn, Advocate
For the State : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 436, 427,
429 and 34 of the Indian Penal Code.
3. At the outset, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioners and submitted that the same is not maintainable
as from bare perusal of the impugned order it is apparent that
proceedings under Section 82 of the Cr.P.C. has already been
issued against the petitioners. It is further submitted that
Patna High Court CR. MISC. No.12268 of 2026(2) dt.24-02-2026
2/2
petitioner has got three criminal antecedents. In this connection,
reliance is placed upon recent judgment of the Hon’ble Apex
Court in the case of Prem Shankar Prasad versus the State of
Bihar and Another reported in LL 2021 SC 579.
4. Considering the facts and circumstances, criminal
antecedents of the petitioners, the fact that proceedings under
Section 82 of the Cr.P.C. has already been issued against the
petitioners and judgment of the Hon’ble Apex Court in the case
of Prem Shankar Prasad (supra), the prayer for grant of
anticipatory bail to the petitioners is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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