Patna High Court
Monu Kumar Singh @ Monu SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail cannot be granted where criminal proceedings under Sections 82 and 83 of the Cr.P.C. are pending and the petitioner has prior criminal antecedents, in line with the Supreme Court precedent.
Summary
Monu Kumar Singh applied for anticipatory bail fearing arrest in a case involving offences under Sections 109(1), 61(2), 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. The State opposed, arguing that criminal proceedings under Sections 82 and 83 of the Criminal Procedure Code were already initiated and that the petitioner had three prior criminal antecedents. The State also relied on the Supreme Court’s decision in Prem Shankar Prasad v. State of Bihar. The High Court examined the pendency of the CrPC proceedings, the petitioner’s antecedents, and the binding precedent. It concluded that the anticipatory bail application was not maintainable and rejected the prayer. The petition for anticipatory bail was therefore dismissed.
Issues considered
- Whether anticipatory bail is maintainable when proceedings under Sections 82 and 83 of the Cr.P.C. have already been instituted.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
- Whether the Supreme Court’s ruling in Prem Shankar Prasad v. State of Bihar is applicable to deny anticipatory bail in the present case.
Legislation cited
Subjects
- anticipatory bail
- Criminal Procedure Code
- Section 82 CrPC
- Section 83 CrPC
- criminal antecedents
- Bihar Narcotic Substances Act
- Arms Act
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81473 of 2025
Arising Out of PS. Case No.-495 Year-2025 Thana- SHASTRINAGAR District- Patna
======================================================
Monu Kumar Singh @ Monu Singh S/o Shatrudhan Singh Resident of Belaur,
P.S.-Buxar Industrial, District- Buxar, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Rakesh Kumar, Advocate
For the State : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 15-01-2026 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 Sections 109(1),
61(2) and 3(5) of the B.N.S. and Section 27 of the Arms 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 proceedings under Sections 82
and 83 of the Cr.P.C. has already been issued against this
petitioner and as such, this anticipatory bail application is not
maintainable. It is further submitted that petitioner has got three
criminal antecedents. 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
Patna High Court CR. MISC. No.81473 of 2025(3) dt.15-01-2026
2/2
reported in LL 2021 SC 579.
4. Considering the facts and circumstances, criminal
antecedents of the petitioner, the fact that proceedings under
Sections 82 and 83 of the Cr.P.C. has already been issued 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
Checking your session…