Patna High Court

Parshuram PaswanversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

Anticipatory bail was denied because a bail application under Section 83 CrPC was already in process.

Summary

Petitioner Parshuram Paswan sought anticipatory bail fearing arrest in connection with Complaint No. 264C of 2023, which alleged offences under Sections 420, 406 and 34 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. The petitioner argued that anticipatory bail was necessary to avoid detention. The Court examined the pending criminal proceeding and observed that a bail application under Section 83 of the Criminal Procedure Code had already been filed. Since the regular bail process was already underway, the Court held that extending anticipatory bail was unnecessary and inappropriate. Consequently, the petition for anticipatory bail was rejected.

Issues considered

Can anticipatory bail be granted when a regular bail application under Section 83 CrPC is already pending?
Is the petitioner entitled to anticipatory bail for the alleged offences under IPC and NI Act?

Legislation cited

Subjects

anticipatory bail
Section 83 CrPC
IPC offences
Negotiable Instruments Act
bail procedure
criminal law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.87453 of 2025
                     Arising Out of PS. Case No.-264 Year-2023 Thana- NALANDA COMPLAINT CASE
                                                      District- Nalanda
                  ======================================================
                  Parshuram Paswan S/o Late Doman Paswan Resident of village- Dariachak, PS-
                  Aungari, Distt- Nalanda
                                                                            ... ... Petitioner/s
                                                  Versus
            1.     The State of Bihar
            2.    Madan Prasad S/o Shivji Singh R/o Shekhali, P.S.- Islampur, Distt.- Nalanda
                                                                              ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Surendra Kumar Mishra
                  For the Opposite Party/s :      Mr.Binod Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

3    28-01-2026               1.    Heard learned counsel for the petitioner and learned

                    A.P.P. for the State.

                              2.    The petitioner apprehends his arrest in connection with

                    Complaint Case No. 264C of 2023 registered for the offences

                    punishable under Sections 420, 406 and 34 of the Indian Penal Code

                    and Section 138 of NI Act.

                              3.    The Court is not inclined to extend the privilege of

                    anticipatory bail to the petitioner as from perusal of the order

                    impugned, it manifests that already process under Section 83 Cr.P.C

                    has been issued.

                              4.    Accordingly, the prayer for anticipatory bail of the

                    petitioner is rejected.



                                               (Satyavrat Verma, J)
Sumit/-
U       T

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