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Patna High Court

Raju Sah @ Raju KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail cannot be granted if Section 82 Cr.P.C. proceedings are already underway against the accused.

Summary

The petitioner, Raju Sah, applied for anticipatory bail fearing arrest in a case involving multiple offences under the B.N.S. and the Arms Act. The State opposed, arguing that proceedings under Section 82 of the Criminal Procedure Code had already been initiated against him. The court considered the applicability of anticipatory bail when Section 82 proceedings are pending, relying on the Supreme Court’s decision in Prem Shankar Prasad v. State of Bihar. It held that the existence of Section 82 proceedings bars the grant of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail is maintainable when proceedings under Section 82 of the Cr.P.C. are already pending against the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • Section 82
  • Criminal Procedure Code
  • bail jurisprudence
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90273 of 2025
                   Arising Out of PS. Case No.-153 Year-2025 Thana- BHAGWANPUR District- Begusarai
                 ======================================================
                 Raju Sah @ Raju Kumar Son of Ramchandra Sah R/o Village - Naula(Noula),
                 Ward No. 15, P.S. - Bhagwanpur, District - Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Sandip Kumar Gautam, Advocate
                 For the State           :       Ms. Gulnar Begum, APP
                 For the Informant       :       Mr. Yogesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 352, 351(3), 103(1) 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 and

                   learned counsel for the informant have vehemently opposed the

                   prayer for grant of anticipatory bail to the petitioner and

                   submitted that the same is not maintainable as proceedings

                   under Section 82 of the Cr.P.C. has already been issued. In this

                   connection, reliance is placed upon recent judgment of the
             Patna High Court CR. MISC. No.90273 of 2025(2) dt.10-02-2026
                                                         2/2




                       Hon’ble Apex Court in the case of Prem Shankar Prasad

                       versus the State of Bihar and Another reported in LL 2021 SC

                       579.

                                    4. Considering the facts and circumstances of the case

                       the fact that proceedings under Section 82 of the Cr.P.C. has

                       already been issued against the petitioner and judgment of the

                       Hon’ble Apex Court rendered 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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