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Patna High Court

Dipak Singh @ Dipak KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The anticipatory bail petition was dismissed as it was not maintainable while a Section 82 proceeding was pending.

Summary

Petitioner Dipak Singh sought anticipatory bail fearing arrest in a case registered under Sections 103 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The informant argued that a Section 82 Criminal Procedure Code proceeding was already underway, rendering the anticipatory bail petition non‑maintainable. The court examined Supreme Court precedents which hold that anticipatory bail cannot be entertained when a Section 82 investigation is pending. Relying on those decisions, the bench concluded that the petition was not maintainable. Consequently, the anticipatory bail petition was dismissed.

Issues considered

  • Whether an anticipatory bail petition is maintainable when a Section 82 Cr.P.C. proceeding is already initiated against the petitioner?

Legislation cited

Subjects

  • anticipatory bail
  • Section 82 CrPC
  • bail jurisprudence
  • Arms Act
  • Bihar Narcotic Substances Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89262 of 2025
                    Arising Out of PS. Case No.-450 Year-2025 Thana- MAHARAJGANJ District- Siwan
                 ======================================================
                 Dipak Singh @ Dipak Kumar Son of Harinder singh R/o Village - Sinjhgota
                 Dudhi Tola, P.S. - Mharajganj, Distt. - Siwan.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. N.K.Agrawal, Sr.Adv.
                                                 Mr. Kumar Rajdeep, Adv.
                 For the State           :       Mr.Ashok Kumar Singh, APP
                 For the Informant       :       Mr. Ajay Kumar Pandey, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   03-02-2026                       Heard learned senior counsel for the petitioner,

                   learned A.P.P. for the State and learned counsel for the

                   informant.

                                 2. Petitioner apprehends his arrest in Maharajganj P.S.

                   Case No. 450 of 2025, registered for the offences punishable

                   under Sections 103 and 3(5) of B.N.S., 2023 and Section 27 of

                   the Arms Act.

                                 3. At the outset, learned counsel for the informant

                   submits that process under Section 82 Cr.P.C. has already been

                   initiated against petitioner and as such, this anticipatory bail

                   petition is not maintainable, in the light of decisions of the

                   Supreme Court in the case of (Lavesh v. State (NCT of Delhi)

                   (2012) 8 SCC 730, State of MP v. Pradeep Sharma (2014) 2
           Patna High Court CR. MISC. No.89262 of 2025(4) dt.03-02-2026
                                                       2/2




                     SCC 17 and Prem Shankar Prasad v. State of Bihar 2021

                     SCC OnLine SC 955) as also latest decision of Supreme Court

                     in the case of State of Haryana vs. Dharamraj in (2023) 17

                     S.C.C. 510.

                                  4. Considering the aforesaid development, the present

                     anticipatory bail petition stands dismissed.



                                           (Prabhat Kumar Singh, J)
anay

U      T


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