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Patna High Court

Bittu Kumar @ Kundan Kumar @ Bittu @ Kundan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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