Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is not maintainable as the petitioner has no apprehension of arrest and the earlier bail remains effective.
Summary
The petitioners, Dharmendra Kumar and Sujata Kumari, were charged under IPC sections 420, 406, and 34, and later a charge-sheet added section 409. They had previously obtained regular bail under Section 167(2) of the CrPC, and a prior bail application was withdrawn as infructuous. Fearing arrest, they filed an anticipatory bail application. The Court examined the records and found no evidence of any apprehension of arrest or misuse of the earlier bail. Consequently, the Court held that the anticipatory bail application was not maintainable and disposed of the petition, noting that bail could be granted if a warrant were issued and the petitioner surrenders.
Issues considered
- Whether anticipatory bail can be granted when regular bail under Section 167(2) CrPC has already been granted and there is no apprehension of arrest
- Whether the addition of a new IPC charge (section 409) defeats the effect of the earlier bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 167(2)
- Indian Penal Code — s. 34, 406, 409, 420
Subjects
- anticipatory bail
- regular bail
- IPC sections 420 406 34 409
- CrPC Section 167(2)
- bail jurisprudence
- arrest apprehension
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25216 of 2026
Arising Out of PS. Case No.-27 Year-2021 Thana- DHIBRA District- Aurangabad
======================================================
1. Dharmendra Kumar S/o- Laxman Ram Village- Bedhana PS- Dhibra
District- Aurangabad
2. Sujata Kumari W/o- Dharmendra Kumar Village- Bedhana PS- Dhibra
District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv.
Mr. Rakesh Singh, Adv.
For the Opposite Party/s : Mr.Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 30-04-2026 Heard Mr. Krishna Pd. Singh, learned senior counsel
for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 420, 406, 34 of the Indian Penal Code.
3. Petitioner along with one Sujata Kumari are said to
have committed embezzlement of the government money.
4. Learned senior counsel for the petitioners submits, at
the outset, that the petitioners had approached this Court earlier for
regular bail vide Cr. Misc. No. 39733 of 2022 which was disposed
of vide order dated 21.11.2022(Annexure-1) considering the same
to be infructuous permitting the petitioners to withdraw on account
of the fact that the petitioners were granted bail under the
provisions of Section 167(2) of the Cr.P.C. It is further submitted
Patna High Court CR. MISC. No.25216 of 2026(2) dt.30-04-2026
2/2
that in the meantime, investigation was concluded, charge-sheet
was submitted and cognizance was taken under additionally under
section 409 of the IPC, although earlier also the case was lodged
under non-bailable Sections being 406, 420 of the IPC. Learned
senior counsel submits that merely on addition of another section
will not make the earlier bail granted to him ineffective.
5. After hearing the learned senior counsel for the
petitioner and perusing the records, this Court does not find that
the petitioner has any apprehension of arrest and the order of the
learned Court of the Additional Sessions Judge also does not
indicate that the petitioner has misused the privilege of bail earlier
granted.
6. In such view of the mater, the present application for
anticipatory bail is found to be not maintainable before this Court.
However, it is made clear that in case, there is any warrant of
arrest against the petitioner and if he surrenders before the court
concerned, the order may pe passed in accordance with law.
7. The present application is, accordingly, disposed of.
(Soni Shrivastava, J)
devendra/-
U T
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