Patna High Court
Ajit Kumar @ ChuhwaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail cannot be granted when a Section 82/83 proceeding is already pending, and the petition is dismissed.
Summary
The petitioner, Ajit Kumar, sought anticipatory bail fearing arrest in a case under IPC sections 302 and 34 and Arms Act section 27. The State opposed, arguing that criminal proceedings under CrPC sections 82 and 83 had already been initiated against him on 22 July 2013. The court considered the Supreme Court’s decision in Prem Shankar Prasad v. State of Bihar (LL 2021 SC 579), which held that anticipatory bail is not maintainable once a Section 82/83 proceeding is pending. Relying on this precedent and the existence of the pending proceedings, the court rejected the anticipatory bail application. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail can be granted when a Section 82/83 proceeding under the CrPC is already pending against the petitioner
- Whether the Supreme Court’s ruling in Prem Shankar Prasad v. State of Bihar is applicable to the present case
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 82, 83
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- Section 82 CrPC
- Section 83 CrPC
- Supreme Court precedent
- IPC 302
- IPC 34
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7049 of 2026
Arising Out of PS. Case No.-246 Year-2010 Thana- PIRBAHOR District- Patna
======================================================
Ajit Kumar @ Chuhwa Son of Rajendra Prasad Resident of Mohalla B.M.
Das Road, Police Station - Pirbahor, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Navendu Prakash, Advocate
For the State : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 302 and 34
of the Indian Penal Code and Section 27 of the Arms Act.
3. At the outset, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that the same is not maintainable as
from bare perusal of the impugned order it is apparent that
proceedings under Sections 82 and 83 of the Cr.P.C. has already
been issued against the petitioner on 22.07.2013. In this
connection, reliance is placed upon recent judgment of the
Hon’ble Apex Court in the case of Prem Shankar Prasad
Patna High Court CR. MISC. No.7049 of 2026(2) dt.19-02-2026
2/2
versus the State of Bihar and Another reported in LL 2021 SC
579.
4. Considering the facts and circumstances, the fact
that proceedings under Sections 82 and 83 of the Cr.P.C. has
already been issued against the petitioner and judgment of the
Hon’ble Apex Court passed 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
Checking your session…