Patna High Court

Md. KalamuddinversusThe State of Bihar

Decided: 23 June 2026
Disposal: DISMISSED
Bench: CHANDRA SHEKHAR JHA

Holding

Anticipatory bail is not maintainable in proceedings initiated under Section 83 of the Cr.P.C.

Summary

The petitioner, Md. Kalamuddin, filed an anticipatory bail application in a criminal miscellaneous case arising from a complaint under Section 83 of the Criminal Procedure Code. During arguments, the court observed that the proceedings were initiated under Section 83, which deals with complaints and non‑cognizable offences. The judge held that anticipatory bail is not maintainable in such proceedings. Consequently, the petition for anticipatory bail was dismissed. No further relief was granted.

Issues considered

Is anticipatory bail maintainable in a case instituted under Section 83 of the Criminal Procedure Code?

Legislation cited

Criminal Procedure Code — s. 83

Subjects

anticipatory bail
Section 83
Criminal Procedure Code
non‑cognizable offence
bail jurisdiction

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.40196 of 2026
                     Arising Out of PS. Case No.-1084 Year-2019 Thana- EAST CHAMPARAN COMPLAINT
                                                    District- East Champaran
                    ======================================================
                    Md. Kalamuddin Son of Ash Mohammad @ Aas Mohammad Residence of
                    Village - Pakridayal, P.S.-Pakridayal, District-East Champaran.
                                                                                 ... ... Petitioner/s
                                                        Versus
               1.    The State of Bihar
               2.    Afsana Khatun Daughter of Abdul Jalil Mansoori, W/O Md. Kalamuddin
                     Residence of Village- Koyla Belwa, P.S.- Chakiya, District- East
                     Champaran.
                                                                      ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :      Mr.Binay Kumar
                    For the Opposite Party/s :      Mr.Sanjay Kumar Tiwary
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                          ORAL ORDER

2    23-06-2026                      During the course of argument, it transpires that

                      proceeding against petitioner initiated under Section 83 of

                      the Cr.P.C.

                                   2. Accordingly, present prayer of anticipatory bail

                      not appears maintainable and as such same stands

                      dismissed.


                                             (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T

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