Patna High Court
Bittu Kumar @ Kundan Kumar @ Bittu @ Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail cannot be granted when a Section 82 investigation under the CrPC is pending, as affirmed by the Supreme Court’s decision in Prem Shankar Prasad.
Summary
The petitioner, Bittu Kumar, sought anticipatory bail fearing arrest in a case registered under Section 376 of the IPC and Section 4 of the POCSO Act. The State opposed the bail, contending that a Section 82 investigation under the Criminal Procedure Code had already been initiated against the petitioner. The State relied on 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 when a Section 82 proceeding is pending. The Court examined the facts and the precedent and concluded that the petitioner’s request could not be entertained. Consequently, the Court rejected the petition for anticipatory bail, effectively dismissing the relief sought.
Issues considered
- Whether anticipatory bail can be granted when a Section 82 CrPC investigation is already underway.
- Whether the Supreme Court’s ruling in Prem Shankar Prasad v. State of Bihar is binding on the present petition.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82
- Indian Penal Code — s. 376
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- anticipatory bail
- Section 82 CrPC
- Criminal Procedure Code
- Sexual offences
- POCSO Act
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70642 of 2025
Arising Out of PS. Case No.-8 Year-2024 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Bittu Kumar @ Kundan Kumar @ Bittu @ Kundan Kumar Son of Vikash
Kumar @ Loha Singh Resident of Village - Sahbajpur, Police Station - Kako,
District - Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kajal Kumari @ Niki Kuar Daughter of Subhash Kumar Resident of Village
- Thikror, Police Station - Tehta O.P. (Makhdumpur), District - Jehanabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Ms. Pooja Prasad, Advocate
For the State : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 22-04-2026 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 Section 376 of the
Indian Penal Code and Section 4 of the POCSO 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 Section 82 of the Cr.P.C. has already been
issued. In this connection, reliance is placed upon recent
judgment of the Hon’ble Apex Court in the case of Prem
Patna High Court CR. MISC. No.70642 of 2025(5) dt.22-04-2026
2/2
Shankar Prasad versus the State of Bihar and Another
reported in LL 2021 SC 579.
4. Considering the facts and circumstances, the fact
that proceedings under Section 82 of the Cr.P.C. has already
been issued against this petitioner 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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