Patna High Court

Shahnaz KhatoonversusThe State of Bihar

Decided: 23 April 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that anticipatory bail cannot be granted when Section 82 Cr.P.C. / Section 84 B.N.S.S. proceedings are already pending, and therefore dismissed the bail petition.

Summary

The petitioners, three residents of Chhatauni, sought anticipatory bail fearing arrest in a case involving multiple offences under the Bihar Negotiable Instruments Act (B.N.S.) and the Arms Act. The State and the informant opposed the bail, arguing that proceedings under Section 82 of the Criminal Procedure Code and Section 84 of the B.N.S.S. had already been initiated against the petitioners. The court considered the Supreme Court’s decision in Prem Shankar Prasad v. State of Bihar (LL 2021 SC 579), which held that anticipatory bail is not maintainable when such proceedings are pending. Relying on this precedent and the existence of the Section 82/84 proceedings, the court rejected the petition for anticipatory bail. Consequently, the petitioners remain liable to be arrested under the pending charges.

Issues considered

Whether anticipatory bail is maintainable when proceedings under Section 82 Cr.P.C. / Section 84 B.N.S.S. are already pending against the accused.
Whether the Supreme Court precedent in Prem Shankar Prasad v. State of Bihar applies to the present bail application.

Legislation cited

Arms Act — s. 25(1-b)a, 36
B.N.S. — s. 103(1), 109, 115(2), 118, 126, 329(3), 352
B.N.S.S. — s. 84
Code of Criminal Procedure, 1973 — s. 82

Subjects

anticipatory bail
Section 82 CrPC
Section 84 B.N.S.S.
Arms Act
bail jurisprudence
Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12715 of 2026
                 Arising Out of PS. Case No.-286 Year-2024 Thana- CHHATAUNI District- East Champaran
                 ======================================================
           1.     Shahnaz Khatoon W/O Md Umar Resident of Mohalla- Chhatauni, P.S-
                  Chhatauni, District- East Champaran.
           2.    Rukhsana Khatoon @ Ruksana Khatoon W/O Farhan Khan Resident of
                 Mohalla- Chhatauni, P.S- Chhatauni, District- East Champaran.
           3.    Md Saddam Hussain S/O Md Umar Resident of Mohalla- Chhatauni, P.S-
                 Chhatauni, District- East Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :       Mr. Prateek Tandon, Advocate
                 For the State           :       Mr. Surendra Prasad Singh, APP
                 For the Informant       :       Mr. Sanjay Kumar Tiwari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioners, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126,

                   115(2), 329(3), 118, 109, 352 and 103(1) of the B.N.S. and

                   Sections 25(1-b)a and 36 of the Arms Act.

                                3. At the outset, learned A.P.P. for the State and

                   learned counsel for the informant have vehemently opposed the

                   prayer for grant of anticipatory bail to the petitioners and

                   submitted that the prayer for grant of pre-arrest bail to the
             Patna High Court CR. MISC. No.12715 of 2026(2) dt.23-04-2026
                                                         2/2




                       petitioners is not maintainable as proceedings under Section 82

                       of the Cr.P.C./84 of the B.N.S.S. has already been issued against

                       these petitioners. 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, the fact

                       that proceedings under Section 82 of the Cr.P.C./Section 84 of

                       the B.N.S.S. has already been issued against these 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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