Patna High Court
Dipak Singh @ Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103, 3(5)
- Code of Criminal Procedure, 1973 — s. 82
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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