Patna High Court

Anurag Kumar @ Saurya @ Anurag RajversusThe State of Bihar

Decided: 26 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The anticipatory bail application was dismissed as not maintainable.

Summary

The petitioner, Anurak Kumar, applied for anticipatory bail in connection with a case registered under sections 103 and 3(5) of the Bihar Non‑Bailable Offences (B.N.S.) 2023. The informant argued that criminal process under sections 82 and 83 of the Code of Criminal Procedure (Cr.P.C.) had already been issued against the petitioner. The Court examined whether an anticipatory bail application could be entertained after such process had been initiated. It held that the application was not maintainable in the present circumstances. Consequently, the Court dismissed the anticipatory bail application but allowed the petitioner to approach the Court again after obtaining the appropriate orders from the competent court.

Issues considered

Whether an anticipatory bail application is maintainable when criminal process under Sections 82 and 83 Cr.P.C. has already been issued against the accused.
Whether the petitioner may seek anticipatory bail after obtaining the requisite orders from the competent court.

Subjects

anticipatory bail
Criminal Procedure Code
Section 82 Cr.P.C.
Section 83 Cr.P.C.
B.N.S. 2023
non‑bailable offence

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.89173 of 2025
                      Arising Out of PS. Case No.-161 Year-2025 Thana- BAHADURPUR District- Patna
                  ======================================================
                  Anurag Kumar @ Saurya @ Anurag Raj S/O Sri Rakesh Kumar Resident Of
                  Village- Tikausa, P.S.- Goh, Distt.- Aurangabad.
                                                                           ... ... Petitioner
                                                       Versus
                  The State of Bihar                               ... ... Opposite Party
                  ======================================================
                  Appearance :
                  For the Petitioner        :        Mr. Mthilesh Kumar, Advocate
                  For the State             :        Mr. Sharda Kumari, APP
                  For the Informant         :        Mr. Arvind Kumar Pradhan, Advocate
                                                     Mr. Krishna Gond, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    26-02-2026                        Heard learned counsel for the petitioner, learned

                    APP for the State and learned counsel for the informant.

                                       2.       The petitioner seeks anticipatory bail in

                    connection with Bahadurpur P.S. Case No.161 of 2025

                    registered for the offence under sections 103 and 3(5) of the

                    B.N.S., 2023.

                                       3.       Learned counsel for the informant submits

                    that the process under Sections 82 and 83 of the Cr.P.C. have

                    already been issued against the petitioner.

                                       4.       In view of the above, this anticipatory bail

                    application is dismissed as not maintainable with the liberty to

                    the petitioner to move before this Court for anticipatory bail

                    after obtaining appropriate orders from the competent court.



                                                           (Sandeep Kumar, J)
pawan/-
U       T

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