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Patna High Court

Anil Lal BhaiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied because a Section 82 proceeding was already pending against the petitioner.

Summary

The petitioner, Anil Lal Bhai, sought anticipatory bail fearing arrest in a complaint case involving offences under Sections 409, 420 and 120B of the IPC. The State and the complainant opposed the bail, contending that a proceeding under Section 82 of the Cr.P.C. had already been initiated against the petitioner on 19‑01‑2024. The court examined the relevance of the pending Section 82 proceeding and the Supreme Court’s decision in Prem Shankar Prasad v. State of Bihar (LL 2021 SC 579). Relying on the principle that anticipatory bail is not maintainable when a Section 82 proceeding is pending, the court rejected the petition. Consequently, the petitioner was denied anticipatory bail.

Issues considered

  • Whether anticipatory bail can be granted when a Section 82 Cr.P.C. proceeding is already pending against the applicant
  • 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 Cr.P.C.
  • IPC offences
  • bail jurisprudence
  • pre‑arrest bail

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.80663 of 2025
                 Arising Out of PS. Case No.-2131 Year-2016 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Anil Lal Bhai S/O Late Harilal pandit R/O G1 Sharma Complex Exhibition
                 Road, P.S.- Gandhi maidan, District- Patna

                                                                               ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar
           2.    Amarjeet Kumar S/O Sri Ram Surat Prasad Prop. M/S Amar Construction,
                 Chasma Center Gali, Magadh Colony, Kurji, P.S.- Digha, Dist.- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :       Mr. Thakur Manish Mohan, Advocate
                 For the State          :       Mr. Nawal Kishore Prasad, APP
                 For the Complainant    :       Mr. Yash Mathur, Advocate
                                                Mr. Dhiraj Kumar, Advocate
                                                Ms. Mishika Paswan, Advocate
                                                Ms. Saumya Kaushik, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

6   28-04-2026                 Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned      counsel        appearing        on      behalf       of       the

                   complainant/Opposite Party No. 2.

                               2. The petitioner apprehends his arrest in a complaint

                   case registered for the offence punishable under Sections 409,

                   420 and 120B of the Indian Penal Code.

                               3. At the outset, learned A.P.P. for the State and

                   learned counsel for the complainant/Opposite Party No. 2 have

                   vehemently opposed the prayer for grant of anticipatory bail to
             Patna High Court CR. MISC. No.80663 of 2025(6) dt.28-04-2026
                                                         2/2




                       the petitioner and submitted that the prayer for pre-arrest bail to

                       the petitioner 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 against this petitioner on

                       19.01.2024. In this connection, reliance is placed upon recent

                       judgment of the Hon’ble Apex Court in the case of Prem

                       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 in the year 2024 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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