Patna High Court
Vivekanand @ Vivekanand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The anticipatory bail application is not maintainable and is dismissed.
Summary
The petitioners sought anticipatory bail after a process under Sections 82 and 83 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was issued against them. The informant’s counsel argued that, following the Supreme Court’s decision in Srikant Upadhyay v. State of Bihar (2024) 12 SCC 382, such a process bars the filing of anticipatory bail. The Court examined whether the issuance of the said process rendered the anticipatory bail application non‑maintainable. Relying on the Supreme Court ratio, the Court held that the presence of a Section 82/83 process precludes anticipatory bail. Consequently, the anticipatory bail application was dismissed as not maintainable.
Issues considered
- Whether an anticipatory bail application is maintainable when a process under Sections 82 and 83 of the Bharatiya Nagarika Suraksha Sanhita, 2023 has been issued against the petitioner.
- Whether the Supreme Court’s ratio in Srikant Upadhyay v. State of Bihar (2024) 12 SCC 382 applies to bar anticipatory bail in such circumstances.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 82, 83
Subjects
- anticipatory bail
- Section 82
- Section 83
- Bharatiya Nagarika Suraksha Sanhita
- maintainability
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80697 of 2025
Arising Out of PS. Case No.-74 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai
======================================================
1. Vivekanand @ Vivekanand Kumar S/O Ratan Yadav @ Ram Ratan Yadav
Resident of Village- Sadha Baba Sthan Mohanpur, P.S.- Mednichak,
District- Lakhisarai.
2. Lalu Kumar @ Lalu Yadav S/o Daroga Yadav Resident of Village- Sadha
Baba Sthan Mohanpur, P.S.- Mednichak, District- Lakhisarai.
3. Ram Yadav @ Ramanand Yadav S/o Late Brahmdeo Yadav Resident of
Village- Sadha Baba Sthan Mohanpur, P.S.- Mednichak, District- Lakhisarai.
4. Daroga Yadav S/o Late Brahmdeo Yaav Resident of Village- Sadha Baba
Sthan Mohanpur, P.S.- Mednichak, District- Lakhisarai.
5. Sadanand Yadav S/o Late Brahmdeo Yadav Resident of Village- Sadha Baba
Sthan Mohanpur, P.S.- Mednichak, District- Lakhisarai.
6. Kailu Yadav S/o Late Brahmdeo Yadav Resident of Village- Sadha Baba
Sthan Mohanpur, P.S.- Mednichak, District- Lakhisarai.
7. Rajpal Yadav S/o Ratan Yadav @ Ram Ratan Yadav Resident of Village-
Sadha Baba Sthan Mohanpur, P.S.- Mednichak, District- Lakhisarai.
8. Rajnish Yadav @ Rajnish Kumar S/o Kailu Yadav Resident of Village-
Sadha Baba Sthan Mohanpur, P.S.- Mednichak, District- Lakhisarai.
9. Santosh Kumar S/o Sadanand Yadav Resident of Village- Sadha Baba Sthan
Mohanpur, P.S.- Mednichak, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajnish Chandra, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
For the Informant : Mr. Kumar Prabhakar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. At the outset, learned counsel appearing on behalf
Patna High Court CR. MISC. No.80697 of 2025(3) dt.09-02-2026
2/2
of informant submits that process under Sections 82 and 83 of
the Bharatiya Nagarika Suraksha Sanhita, 2023 has been issued
against the petitioner and therefore, in terms of the ratio laid
down by Hon’ble Supreme Court in Srikant Upadhyay vs. State
of Bihar (2024 )12 SCC 382, the present anticipatory bail
application is not maintainable.
3. In view of the above, the present anticipatory bail
application is dismissed as not maintainable.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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