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Patna High Court

Indrajeet Kumar @ Karu Ray @ Kuru RayversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail cannot be granted if a Section 82 CrPC discharge proceeding is already in force.

Summary

The petitioner, Indrajeet Kumar, sought anticipatory bail fearing arrest in a case (Sonepur PS Case No.66 of 2024) involving offences under Sections 302 and 34 of the IPC and Section 27 of the Arms Act. The informant, Pankaj Kumar, had filed the charge sheet, and the informant's counsel produced the order‑sheet showing that a discharge proceeding under Section 82 of the CrPC had already been issued on 5 February 2026. The court examined whether anticipatory bail could be granted when a Section 82 process was pending. Considering that the Section 82 proceeding effectively addresses the discharge of the accused, the court declined to extend anticipatory bail. Consequently, the anticipatory bail application was rejected and the order was kept on record.

Issues considered

  • Can anticipatory bail be granted when a discharge proceeding under Section 82 of the Criminal Procedure Code has already been issued?

Legislation cited

Subjects

  • anticipatory bail
  • Section 82 CrPC
  • IPC 302
  • IPC 34
  • Arms Act
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17274 of 2026
                        Arising Out of PS. Case No.-66 Year-2024 Thana- Pahelja P.S. District- Saran
                 ======================================================
                 Indrajeet Kumar @ Karu Ray @ Kuru Ray S/O Yogendra Ray Resident of
                 Village - Chakapsaid, Police Station- Sonepur, District- Saran at Chapra

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Jagarnath Singh, Advocate
                                                    Mr. Rakesh Kumar
                 For the Opposite Party/s :         Mr. Akshay Lal Pandit, APP
                 For the Informant        :         Mr. Rudra Pratap Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   25-03-2026                   Heard the parties.

                                 2. The petitioner is apprehending his arrest in

                   connection with Sonepur P.S. Case No. 66 of 2024, registered

                   for the offence under Sections 302/34 of the Indian Penal Code

                   and section 27 of the Arms Act lodged on 07.06.2024 by the

                   informant, Pankaj Kumar.

                                 3.     Mr.    Rudra      Pratap      Singh,       learned      counsel

                   representing the informant at the outset provided the order-sheet

                   of Pahleja P.S. Case No. 66/2024 to show that on 05.02.2026,

                   the process u/s 82 of Cr.P.C. has already been issued.

                                 4. Considering the aforesaid facts and also that the

                   process under Section 82 Cr.P.C. has been issued, this Court is

                   not inclined to extend him privilege of anticipatory bail.
            Patna High Court CR. MISC. No.17274 of 2026(2) dt.25-03-2026
                                                        2/2




                                   5. Accordingly, the anticipatory bail application stands

                      rejected.

                                   6. Let the same be kept on record.



                                                     (Rajiv Roy, J)
Ranjeet/-

U      T


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