Patna High Court
Arsheala FaridiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
An anticipatory bail application is not maintainable where proceedings under Sections 82 and 83 of the Cr.P.C. are already pending and the petitioner has significant criminal antecedents, as affirmed by the Supreme Court precedent.
Summary
Arsheala Faridi applied for anticipatory bail fearing arrest in a case under Sections 103(1) and 61(2) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. The State opposed the bail, arguing that proceedings under Sections 82 and 83 of the Criminal Procedure Code had already been initiated and that the petitioner had three prior criminal antecedents. The informant’s counsel also contended that the bail application was not maintainable. The court considered the petitioner’s criminal record, the existence of pending Section 82/83 proceedings, and the Supreme Court’s decision in Prem Shankar Prasad v. State of Bihar (LL 2021 SC 579). Relying on these factors, the court rejected the anticipatory bail application. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether an anticipatory bail application is maintainable when proceedings under Sections 82 and 83 of the Cr.P.C. are already pending.
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
- Whether the Supreme Court’s precedent in Prem Shankar Prasad v. State of Bihar is applicable to deny anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- Criminal Procedure Code
- Sections 82 and 83
- criminal antecedents
- Arms Act
- Bihar Narcotic Substances Act
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69908 of 2025
Arising Out of PS. Case No.-779 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Arsheala Faridi S/o Late Syed Mohd. Isha R/o Village- Milkiyana,
Phulwarisharif, P.S.- Phulwarisharif, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Hasnain Haider, Advocate
For the State : Mr. Akshay Lal Pandit, APP
For the Informant : Mr. Vipin Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 16-01-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 103(1) and
61(2) of the B.N.S. and Section 27 of the Arms Act.
3. At the outset, learned counsel for the informant
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that this anticipatory bail
application is not maintainable as proceedings under Sections 82
and 83 of the Cr.P.C. has already been issued against the
petitioner. It is further submitted that petitioner has got three
criminal antecedents. In this connection, reliance is placed upon
Patna High Court CR. MISC. No.69908 of 2025(3) dt.16-01-2026
2/2
recent judgment of the Hon’ble Apex Court in the case of Prem
Shankar Prasad versus the State of Bihar and Another
reported in LL 2021 SC 579.
4. Considering the facts and circumstances, criminal
antecedents of the petitioner, the fact that proceedings under
Sections 82 and 83 of the Cr.P.C. has already been issued and
judgment of the Hon’ble Apex Court in the case of Prem
Shankar Prasad (supra), the prayer for grant of anticipatory
bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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