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Patna High Court

Monu Kumar Singh @ Monu SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

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


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