Patna High Court
AAMLI THAKURversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The anticipatory bail petition is not maintainable as criminal proceedings under Sections 82 and 83 of the CrPC have already been initiated.
Summary
The petitioners, Aamli, Manoj and Sonu Thakur, filed an anticipatory bail petition fearing arrest in a complaint case involving offences under Sections 342, 448, 451, 380, 384 and 386 of the Indian Penal Code. The State opposed the petition, contending that criminal proceedings under Section 82 and subsequently Section 83 of the Code of Criminal Procedure had already been initiated, rendering the anticipatory bail petition non‑maintainable. The learned Additional Public Prosecutor relied on several Supreme Court decisions interpreting the scope of anticipatory bail when a case is already pending under Sections 82/83 CrPC. The Court examined the legal position and held that once a proceeding under Section 82/83 is underway, an anticipatory bail application cannot be entertained. Consequently, the Court dismissed the anticipatory bail petition. The dismissal was based on the principle that anticipatory bail is not maintainable where the criminal process has already commenced.
Issues considered
- Whether an anticipatory bail petition is maintainable when criminal proceedings under Section 82 and Section 83 of the CrPC have already been initiated.
- Whether the petitioners are entitled to anticipatory bail despite the pending complaint under the specified IPC sections.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82, 83
- Indian Penal Code — s. 342, 380, 384, 386, 448, 451
Subjects
- anticipatory bail
- Section 82 CrPC
- Section 83 CrPC
- maintainability
- criminal procedure
- IPC offences
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.380 of 2026
Arising Out of PS. Case No.-533 Year-2013 Thana- KHAGARIA COMPALINT CASE
District- Khagaria
======================================================
1. AAMLI THAKUR S/o Late Gono Thakur R/o vill - Majhiyama, P.s.- Kajra,
Distt.- Lakhisarai, Bihar
2. Manoj Thakur S/o Siya Thakur R/o vill - Majhiyama, P.s.- Kajra, Distt.-
Lakhisarai, Bihar
3. Sonu Thakur S/o Siya Thakur R/o vill - Majhiyama, P.s.- Kajra, Distt.-
Lakhisarai, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dr. Brijnandan Thakur S/o Tejnarayan Thakur R/o vill - Majhiyama, P.s.-
Kajra, Distt.- Lakhisarai, Bihar, at present Residing at vill - Thatha, P.S.-
Mansi, Distt.- Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Mohan Singh, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend arrest in a complaint case
punishable for the offences under Sections 342, 448, 451, 380,
384, 386 of the Indian Penal Code.
3. At the outset, learned A.P.P. for the State submits
that process under Section 82 Cr.P.C. and thereafter, Section 83
Cr.P.C. have already been initiated against these petitioners and
as such, this anticipatory bail petition is not maintainable, in the
Patna High Court CR. MISC. No.380 of 2026(2) dt.21-01-2026
2/2
light of decisions of the Supreme Court in the case of (Lavesh
v. State (NCT of Delhi) (2012) 8 SCC 730, State of MP v.
Pradeep Sharma (2014) 2 SCC 17 and Prem Shankar Prasad
v. State of Bihar 2021 SCC OnLine SC 955) as also latest
decision of Supreme Court in the case of State of Haryana vs.
Dharamraj in (2023) 17 S.C.C. 510.
4. Considering the aforesaid development, the present
anticipatory bail petition stands dismissed, as not maintainable.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…