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Patna High Court

Raja Kumar @ Nand KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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