Patna High Court
Raja Kumar @ Nand KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is not maintainable if Section 82 Cr.P.C. proceedings are pending.
Summary
The petitioners, Raja Kumar and Aangad Kumar, sought anticipatory bail fearing arrest in a case involving multiple offences under the B.N.S. Act. The State opposed the bail, arguing that proceedings under Section 82 of the Criminal Procedure Code had already been initiated, making anticipatory bail impermissible. The informant’s counsel also opposed the bail. The court examined the fact that Section 82 proceedings were pending and relied on the Supreme Court’s decision in Prem Shankar Prasad v. State of Bihar (LL 2021 SC 579). Applying that precedent, the court held that anticipatory bail cannot be granted when Section 82 proceedings are underway and consequently rejected the petitioners’ bail application.
Issues considered
- Can anticipatory bail be granted when proceedings under Section 82 of the Cr.P.C. have already been instituted?
Legislation cited
- B.N.S. — s. 103(1), 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 82
Subjects
- anticipatory bail
- Section 82
- Criminal Procedure Code
- pre‑arrest bail
- Supreme Court precedent
- B.N.S. offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90545 of 2025
Arising Out of PS. Case No.-334 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
1. Raja Kumar @ Nand Kumar Son of Binod Sahani R/o Chailahatal, P.S. -
Banjariya, District - East Chamaparan, Motihari.
2. Aangad Kumar @ Anand Kumar Son of Binod Sahani R/o Chailahatal, P.S. -
Banjariya, District - East Chamaparan, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Rajesh Kumar, Advocate
For the State : Mr. Anil Kumar, APP
For the Informant : Ms. Akanksha Verma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel appearing on behalf of the
petitioners, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 118(1), 109, 103(1), 352 and 351(2)
of the B.N.S..
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 petitioners and
submitted that the same is not maintainable as proceedings
under Section 82 of the Cr.P.C. has already been issued. In this
Patna High Court CR. MISC. No.90545 of 2025(2) dt.10-02-2026
2/2
connection, reliance is placed upon recent judgment of the
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 petitioners 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
petitioners is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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