Patna High Court
Hare Ram ThakurversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The anticipatory bail petition is dismissed as it is not maintainable after the initiation of criminal process under Sections 82/83 CrPC.
Summary
Hare Ram Thakur and his wife Runa Kumari filed an anticipatory bail petition fearing arrest in a case registered under multiple IPC offences. The State argued that criminal proceedings under Sections 82 and 83 of the Criminal Procedure Code had already been initiated, rendering the anticipatory bail petition non‑maintainable. The State relied on several Supreme Court decisions, including Lavesh v. State (NCT of Delhi), State of MP v. Pradeep Sharma, Prem Shankar Prasad v. State of Bihar, and State of Haryana v. Dharamraj, which held that anticipatory bail cannot be granted once the process under Sections 82/83 CrPC is underway. The Patna High Court examined these precedents and the factual matrix. Concluding that the petition was barred by the existing criminal process, the Court dismissed the anticipatory bail application.
Issues considered
- Whether an anticipatory bail petition is maintainable when criminal proceedings under Sections 82/83 CrPC have already been initiated.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82, 83
- Indian Penal Code — s. 323, 34, 341, 354, 379, 427, 448, 504, 506
Subjects
- anticipatory bail
- Criminal Procedure Code
- Section 82 CrPC
- Section 83 CrPC
- pre‑arrest bail
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8009 of 2026
Arising Out of PS. Case No.-3 Year-2023 Thana- MADHWAPUR District- Madhubani
======================================================
1. Hare Ram Thakur S/o Chandeshwar Thakur R/o vill - Adauli, P.S.-
Madhwapur, Distt.- Madhubani
2. Runa Kumari W/o Hare Ram Thakur R/o vill - Adauli, P.S.- Madhwapur,
Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Archna Aanand
For the Opposite Party/s : Mr.Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend arrest in Madhwapur P.S.
Case No. 03 of 2023, registered for the offences punishable
under Sections 448, 341, 323, 354, 379, 427, 504, 506, 34 of the
Indian Penal Code.
3. At the outset, learned A.P.P. for the State submits
that process under Section 82/83 Cr.P.C. has already been
initiated against these petitioners and as such, this anticipatory
bail petition is not maintainable, in the light of decisions of the
Supreme Court in the case of (Lavesh v. State (NCT of Delhi)
(2012) 8 SCC 730, State of MP v. Pradeep Sharma (2014) 2
Patna High Court CR. MISC. No.8009 of 2026(2) dt.20-02-2026
2/2
SCC 17 and Prem Shankar Prasad v. State of Bihar 2021
SCC OnLine SC 955) as also latest decision of Supreme Court
in the case of State of Haryana vs. Dharamraj in (2023) 17
S.C.C. 510.
4. Considering the aforesaid development, the present
anticipatory bail petition stands dismissed.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.