Patna High Court
Bhikhari RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is not maintainable where criminal proceedings under Sections 82/83 of the CrPC are already underway, and the petition is dismissed.
Summary
Six brothers filed an anticipatory bail petition before the Patna High Court. Counsel for petitioners 2 to 6 sought to withdraw their applications, and the court granted permission, dismissing those petitions as withdrawn. The informant’s counsel contended that criminal proceedings under Sections 82 and 83 of the CrPC had already been initiated, rendering anticipatory bail unavailable, and relied on three Supreme Court decisions. The court accepted this submission and dismissed the anticipatory bail application of petitioner 1 as well. Accordingly, the entire anticipatory bail petition was dismissed.
Issues considered
- Whether an anticipatory bail application is maintainable when criminal proceedings under Sections 82/83 of the CrPC have already been initiated
- Whether the Supreme Court precedents in Lavesh v. State, State of MP v. Pradeep Sharma, and Prem Shankar Prasad v. State of Bihar apply to bar anticipatory bail in the present case
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82, 83
Subjects
- anticipatory bail
- Section 82 CrPC
- Section 83 CrPC
- withdrawal of petition
- Supreme Court precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79167 of 2025
Arising Out of PS. Case No.-66 Year-2025 Thana- AKILPUR District- Saran
======================================================
1. Bhikhari Rai Son of Late Ramanuj Rai R/o Vill. - Naya Panapur, P.S. -
Akilpur, Dist. - Saran at Chapra.
2. Dineshwar Rai Son of Bhikhari Rai R/o Vill. - Naya Panapur, P.S. - Akilpur,
Dist. - Saran at Chapra.
3. Mithu Rai Son of Bhikhari Rai R/o Vill. - Naya Panapur, P.S. - Akilpur, Dist.
- Saran at Chapra.
4. Satyendra Rai Son of Bhikhari Rai R/o Vill. - Naya Panapur, P.S. - Akilpur,
Dist. - Saran at Chapra.
5. Halchal Rai Son of Bhikhari Rai R/o Vill. - Naya Panapur, P.S. - Akilpur,
Dist. - Saran at Chapra.
6. Vikash Rai Son of Bhikhari Rai R/o Vill. - Naya Panapur, P.S. - Akilpur,
Dist. - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr.Dr.Kamal Deo Sharma
For the State : Mr.Uma Shankar Prasad Singh
For the Informant : Mr.Manish Chandra Gandhi & Mr.H.Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 At the outset, learned counsel for the petitioners seeks
permission to withdraw this anticipatory bail petition, so far as
petitioner nos. 2 to 6 are concerned.
2. Permission is granted.
3. The anticipatory bail petition, in respect of
petitioner nos. 2 to 6, stands dismissed as withdrawn.
4. Further, learned counsel appearing on behalf of
informant submits that in this case, process of Section 82/83 of
Patna High Court CR. MISC. No.79167 of 2025(2) dt.09-02-2026
2/2
the Cr.P.C. has already been initiated and as such, this bail
application is not maintainable, in view of several decisions of
the Supreme Court, rendered in the case of (i) Lavesh v. State
(NCT of Delhi), reported in (2012) 8 S.C.C. 730, (ii) State of
MP v. Pradeep Sharma, reported in (2014) 2 S.C.C. 17, and (iii)
Prem Shankar Prasad v. State of Bihar, reported in 2021 SCC
Online SC 955.
5. Considering the aforesaid development, the prayer
for anticipatory bail to petitioner no. 1 also stands dismissed.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…