Patna High Court

Md. Izhar @ IzharversusThe State of Bihar

Decided: 18 March 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

Anticipatory bail was denied because the case was already proceeding under Sections 82 and 83 of the Criminal Procedure Code.

Summary

The petitioner, Md. Izhar, filed an anticipatory bail application in 2026 concerning a criminal case originally registered in 2015. The court examined whether anticipatory bail could be granted when the investigation under Section 82 of the Criminal Procedure Code had already been initiated in 2017, followed by proceedings under Section 83. The judge observed that the case was old and that the statutory processes for investigation and charge‑sheet filing were already underway. Consequently, the court held that the circumstances did not warrant the grant of anticipatory bail. The petition for anticipatory bail was therefore rejected.

Issues considered

Whether anticipatory bail can be granted when investigation under Section 82 and charge‑sheet under Section 83 of the Cr.P.C. have already been initiated.

Legislation cited

Code of Criminal Procedure, 1973 — s. 82, 83

Subjects

anticipatory bail
Criminal Procedure Code
Section 82
Section 83
investigation
bail jurisdiction

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.17932 of 2026
                  Arising Out of PS. Case No.-153 Year-2015 Thana- KOCHADHAMAN District- Kishanganj
                  ======================================================
                  Md. Izhar @ Izhar Son of Ishaque @ Eshak R/o Rampur, P.S.- Badadurganj,
                  District - Kishanganj
                                                                         ... ... Petitioner/s
                                                   Versus
                  The State of Bihar
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Mritunjay Kumar
                  For the Opposite Party/s :      Mr.Shyameshwar Dayal
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    18-03-2026                  1. Heard learned counsel for the petitioner and

                    learned APP for the State.

                                 2. The Court is not inclined to extend the privilege of

                    anticipatory bail to the petitioner as the case is of the Year 2015

                    and process under Section 82 of the Cr.P.C. was issued in the

                    Year 2017 itself and thereafter process under Section 83 Cr.P.C.

                    has also been issued, as such, the Court does not find it a fit case

                    for granting anticipatory bail to the petitioner.

                                 3. The prayer of the petitioner for anticipatory bail

                    stands rejected.



                                               (Satyavrat Verma, J)
vikash/-

U          T

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