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 proceedings under Sections 82/83 Cr.P.C. are already 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 103(1), 61(2), 3(5) of the B.N.S. and Section 27 of the Arms Act. The State opposed, arguing that criminal proceedings under Sections 82 and 83 of the Cr.P.C. were already pending 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 (LL 2021 SC 579). The Patna High Court examined the pending proceedings, the petitioner’s antecedents, and the precedent, and concluded that the anticipatory bail application was not maintainable. Consequently, the court rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail is maintainable when criminal proceedings under Sections 82 and 83 of the Cr.P.C. are already 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.
Legislation cited
Subjects
- anticipatory bail
- Criminal Procedure Code
- Sections 82 and 83
- criminal antecedents
- Supreme Court precedent
- Bihar Narcotic Substances Act
- Arms Act
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81735 of 2025
Arising Out of PS. Case No.-494 Year-2025 Thana- SHASTRINAGAR District- Patna
======================================================
Monu Kumar Singh @ Monu Singh S/o Shatrudhan Singh R/o- 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. Ganesh Prasad Singh, 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 103(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.81735 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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