Patna High Court

Irshad Alam @ MithunversusThe State of Bihar

Decided: 24 June 2026
Disposal: DISMISSED
Bench: CHANDRA SHEKHAR JHA

Holding

Anticipatory bail is not maintainable where proceedings have already been instituted under Section 82 of the Code of Criminal Procedure.

Summary

The petitioner, Irshad Alam @ Mithun, sought anticipatory bail in a criminal matter arising from a case registered under Section 82 of the Code of Criminal Procedure. During oral arguments, the court noted that the proceedings had already been initiated under the said provision. Relying on the Supreme Court’s decision in Srikant Upadhyay vs. State of Bihar (2024 SCC Online SC 282), the bench examined whether anticipatory bail could be entertained after such initiation. The court held that the anticipatory bail application was not maintainable in the circumstances. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

Whether an anticipatory bail application under Section 438 CrPC is maintainable when the investigation or prosecution has already been commenced under Section 82 of the CrPC?

Legislation cited

Criminal Procedure Code — s. 82

Subjects

anticipatory bail
Section 82 CrPC
criminal procedure
bail jurisprudence
Supreme Court precedent

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.40233 of 2026
                           Arising Out of PS. Case No.-1 Year-2024 Thana- Gaura P.S. District- Saran
                   ======================================================
                   Irshad Alam @ Mithun, S/o Late Saheb Hussain, R/o Village- Kadipur Tola-
                   Nabiganj, P.S.- Nagra, Distt.- Saran.
                                                                             ... ... Petitioner
                                                       Versus
                   The State of Bihar
                                                                      ... ... Opposite Party
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :         Mr. Noumaan Ahmad, Advocate
                   For the Opposite Party/s :         Mr. Anil Kumar Singh No. 1, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                         ORAL ORDER

2     24-06-2026                  During the course of argument, it transpires that

                     the proceeding has already initiated against the petitioner

                     under Section 82 of the Code of Criminal Procedure,

                     accordingly, in view of legal report of Hon’ble Supreme Court

                     as available in Srikant Upadhyay vs. State of Bihar

                     [2024 SCC Online SC 282], the prayer of anticipatory bail

                     of the petitioner not appears maintainable.

                                  2. Accordingly, the prayer of anticipatory bail of

                     petitioner stands rejected as not maintainable.


                                                      (Chandra Shekhar Jha, J.)
    Sanjeet/-

U        T

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Lawyer court records for this case

Associated through the court’s case reference.

Noumaan Ahmad