Patna High Court
Ramesh Kumar RamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail is not maintainable where a Section 82 proceeding is already pending against the applicant.
Summary
The petitioner, Ramesh Kumar, sought anticipatory bail fearing arrest in a robbery case (Section 392 IPC) registered as Rajepur P.S. Case No.106 of 2022. The FIR alleged that four unknown persons looted Rs.29,587 from a fuel station. The petitioner claimed innocence and a clean record, while the State opposed bail. The court noted that a criminal proceeding under Section 82 of the CrPC had already been initiated against the petitioner, which he did not deny. On this basis, the court held that the anticipatory bail application was not maintainable and consequently rejected the petition.
Issues considered
- Whether an anticipatory bail application is maintainable when a criminal proceeding under Section 82 of the CrPC is already pending against the applicant?
Legislation cited
- Criminal Procedure Code — s. 82
- Indian Penal Code — s. 392
Subjects
- anticipatory bail
- Section 82 CrPC
- Section 392 IPC
- bail jurisprudence
- pending criminal proceeding
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30645 of 2026
Arising Out of PS. Case No.-106 Year-2022 Thana- RAJEPUR District- East Champaran
======================================================
Ramesh Kumar Ram S/o- Sukhlal Ramn Resident of Village - Shampur, P.S. -
Shyampur Bathan, District - Sheohar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Rajepur P.S. Case No. 106 of 2022, registered for the
offences punishable under Section 392 of the IPC.
3. As per the F.I.R., the informant, being the Manager
of Baba Baidyanath Fuel Center, Machhuanha, received
information that four unknown miscreants riding on two
motorcycles arrived at the fuel pump and looted a sum of Rs.
29,587/- from the nozzle men, namely, Santosh Kumar and
Vinod Kumar.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated. He is
a person of clean antecedent. Nothing incriminating has been
Patna High Court CR. MISC. No.30645 of 2026(2) dt.07-05-2026
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recovered from his possession.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. From the reading of the impugned order, it is clear
that the process under Section 82 of the Cr.P.C. has already been
initiated against the petitioner.
7. Learned counsel for the petitioner does not deny
this fact.
8. Under such circumstance, this anticipatory bail
application is not maintainable and hence, it is rejected.
(Alok Kumar Sinha, J)
kundan/-
U T
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