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Patna High Court

Juli KumariversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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