Patna High Court
Bhulla Kumar Singh @ Angrej @ Aman Kumar Singh @ Bhulla KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
An anticipatory bail petition is not maintainable if a proceeding under Section 82 of the CrPC is already pending against the accused.
Summary
The petitioner, Bhulla Kumar Singh, was named in an FIR for alleged involvement in the preparation of dacoity under Sections 399 and 402 of the IPC and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. He applied for anticipatory bail, arguing that no incriminating material was recovered from him and that his name was disclosed only by a co‑accused who had already been granted bail. The State opposed the bail, contending that a criminal proceeding under Section 82 of the Criminal Procedure Code had already been instituted against the petitioner, rendering the anticipatory bail application non‑maintainable. The court accepted the State’s submission, noting that the existence of a Section 82 proceeding precludes a fresh anticipatory bail petition. Consequently, the court dismissed the petition for anticipatory bail.
Issues considered
- Whether an anticipatory bail application is maintainable when a criminal proceeding under Section 82 CrPC has already been initiated against the accused.
Legislation cited
- Arms Act — s. 25(1‑B)(a), 26, 35
- Code of Criminal Procedure, 1973 — s. 82
- Indian Penal Code — s. 399, 402
Subjects
- anticipatory bail
- Section 82 CrPC
- dacoity
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26727 of 2026
Arising Out of PS. Case No.-281 Year-2019 Thana- RAJNAGAR District- Madhubani
======================================================
Bhulla Kumar Singh @ Angrej @ Aman Kumar Singh @ Bhulla Kumar Son
of Sanjay Pratap Singh @ Sanjay Kumar Singh Resident of Village - Bharan
Navtol, P.S.- Bhairab Asthan, District - Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Jha, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Rajnagar P.S. Case
No. 281 of 2019 registered for the offences punishable under
Sections 399 and 402 of the I.P.C. and sections 25(1-B)a, 26, 35
of the Arms Act.
3. Allegation against petitioner is to involve in
preparation for dacoity along with other co-accused persons.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that nothing incriminating recovered
from possession of the petitioner and, therefore, he cannot be
said to be involved in preparation for dacoity. It is submitted
that name of the petitioner transpired on the basis of disclosure
Patna High Court CR. MISC. No.26727 of 2026(2) dt.28-04-2026
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made by apprehended co-accused person namely, Manish
Kumar Singh, who has already granted bail by this Court. It is
pointed out that petitioner is a man of clean antecedent.
5. Learned A.P.P. for the State, while opposing the
prayer of anticipatory bail of the petitioner, submitted that
proceeding under section 82 of the Cr.P.C. has already been
initiated against the petitioner and, therefore, present prayer of
anticipatory bail is not maintainable.
6. The aforesaid submission of learned A.P.P. could
not disputed by learned counsel for the petitioner.
7. In view of the aforesaid factual submission and by
taking note of the fact as the proceeding under section 82
Cr.P.C. has already been initiated against this petitioner,
accordingly, present prayer of anticipatory bail of the petitioner
stands dismissed being not maintainable.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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