Patna High Court
Pravesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail is not maintainable in a private complaint where there is no apprehension of arrest because police lack arrest power under Section 87 of the CrPC.
Summary
The petitioner, Pravesh Kumar, was named in a private complaint arising from a land dispute, alleging offences under Sections 316(2) and 318(2) of the Bhartiya Nyaya Sanhita, 2023. He sought anticipatory bail on the ground of apprehended arrest. The Court examined the Supreme Court precedent in Om Prakash Chhawnika v. State of Jharkhand and noted that police have no power to arrest in a private complaint except under Section 87 of the CrPC. Since the case was a private complaint and no police arrest power existed, there was no apprehension of arrest. Consequently, the petition for anticipatory bail was held not maintainable and was rejected.
Issues considered
- Whether anticipatory bail is maintainable when the complaint is a private complaint and police lack arrest power
- Whether Section 87 of the CrPC provides an exception to police arrest in private complaints
- Applicability of Sections 316(2) and 318(2) of the Bhartiya Nyaya Sanhita, 2023 in a private complaint
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 316(2), 318(2)
- Criminal Procedure Code — s. 87
Subjects
- anticipatory bail
- private complaint
- police arrest power
- Section 87 CrPC
- land dispute
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41828 of 2026
Arising Out of PS. Case No.-465 Year-2025 Thana- NAWADAH COMPLAINT CASE
District- Nawada
======================================================
Pravesh Kumar, Son of Bhagirath Prasad, Resident of Village-Chaurasiya,
Rambazar Majhwe, P.S.- Hishua, District- Nawada.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Vishwa Ranjan Choudhary, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
For the Complainant : Mr. Bibhuti Ranjan Sonvadra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 Heard the parties.
2. The accused/petitioner is named in the
complaint and apprehending his arrest in connection with
Complaint Case No.465 of 2025 in which cognizance has
been taken for the offences punishable under Sections 316
(2) and 318(2) of the Bhartiya Nyaya Sanhita, 2023 (in
short ‘B.N.S.’).
3. It is a private complaint arising out of land
dispute, where summon was issued by the Court.
4. Considering the legal ratio of Hon’ble Supreme
Court as available through Om Prakash Chhawnika @ Om
Prakash Chabnika vs. State of Jharkhand and Another
Patna High Court CR. MISC. No.41828 of 2026(2) dt.01-07-2026
2/2
[2026 SCC OnLine SC 676], as police has no power to
arrest in the case of private complaint subject to exception
of Section 87 of the CrPC, accordingly, the prayer of
anticipatory bail as preferred by the petitioner stands
rejected, being not maintainable in want of apprehension of
arrest.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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