Patna High Court
Raju Sah @ Raju KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
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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