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Patna High Court

Ajit Kumar @ ChuhwaversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


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