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Patna High Court

Ganesh Mahto @ Dhanesh MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

An anticipatory bail petition is not maintainable if a Section 82 Criminal Procedure Code proceeding has already been initiated against the applicant.

Summary

The petitioner, Ganesh Mahto, feared arrest in a case (Shikarpur P.S. Case No. 427/2022) involving offences under Sections 384, 386, 504 and 506 of the Indian Penal Code. He filed an anticipatory bail application, although he was not named in the FIR. The Court observed that a proceeding under Section 82 of the Criminal Procedure Code had already been initiated against him, rendering the anticipatory bail petition non‑maintainable. The Court relied on the Supreme Court’s decision in Srikant Upadhyay v. State of Bihar (2024 SCC OnLine SC 282) which holds that anticipatory bail cannot be entertained when a Section 82 inquiry is pending. Consequently, the petition for anticipatory bail was rejected. The Court directed that, if the petitioner surrenders, the trial court should decide any regular bail application promptly.

Issues considered

  • Whether an anticipatory bail application is maintainable when a Section 82 CrPC inquiry is already pending against the applicant.

Legislation cited

Subjects

  • anticipatory bail
  • Section 82 CrPC
  • regular bail
  • IPC offences
  • preliminary inquiry
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40847 of 2026
                  Arising Out of PS. Case No.-427 Year-2022 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Ganesh Mahto @ Dhanesh Mahto S/o Indar Mahto Resident of Village-
                 Sofwa Naya Tola, Ward No. 3, P.S.- Shikarpur, District - West Champaran at
                 Bettiah
                                                                               ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                        ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Binay Kumar, Advocate
                 For the Opposite Party/s :       Mr.Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   25-06-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                                2. The accused-petitioner, not named in the F.I.R., is

                   apprehending his arrest in connection with Shikarpur P.S. Case

                   No. 427/2022 registered for the offences punishable under

                   Sections 384, 386, 504, 506 of the I.P.C., pending in the court of

                   learned C.J.M., West Champaran, Bettiah.

                                3. The present prayer of anticipatory bail stands

                   rejected being not maintainable as the process under section 82

                   of the Cr.P.C. has already been initiated against this petitioner.

                   Attention was drawn towards legal report of Hon’ble Supreme

                   Court as available through Srikant Upadhyay and Ors. Vs.

                   State of Bihar and Ors. reported in 2024 SCC OnLine SC

                   282.
           Patna High Court CR. MISC. No.40847 of 2026(2) dt.25-06-2026
                                                       2/2




                                  4. Accordingly, prayer of anticipatory bail of the

                     petitioner stands rejected.

                                  5. If the petitioner surrenders before the learned trial

                     court in connection with the present case and prays for regular

                     bail, the learned trial court shall decide the prayer of regular bail

                     of the petitioner within earliest possible time in accordance with

                     law.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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