Patna High Court
Sushil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The anticipatory bail petition was dismissed as it was not maintainable after the issuance of a Section 82 CrPC process.
Summary
The petitioner, Sushil Kumar, sought anticipatory bail fearing arrest in a complaint case involving offences under IPC sections 467, 468, 471, 477, 420 and 406. The State argued that a regular criminal proceeding under Section 82 of the CrPC had already been initiated on 18-06-2025, rendering the anticipatory bail petition non‑maintainable. The court examined Supreme Court precedents (Lavesh v. State, State of MP v. Pradeep Sharma, Prem Shankar Prasad v. State, and State of Haryana v. Dharamraj) which hold that anticipatory bail cannot be entertained once a Section 82 process is in motion. Applying these authorities, the bench concluded that the petition was barred. Consequently, the anticipatory bail petition was dismissed.
Issues considered
- Whether an anticipatory bail petition is maintainable when a regular criminal proceeding under Section 82 CrPC has already been instituted.
- Whether the Supreme Court decisions cited preclude the grant of anticipatory bail in the present circumstances.
Legislation cited
- Criminal Procedure Code — s. 82
- Indian Penal Code — s. 406, 420, 467, 468, 471, 477
Subjects
- anticipatory bail
- Section 82 CrPC
- criminal procedure
- IPC offences
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9655 of 2026
Arising Out of PS. Case No.-2575 Year-2023 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
Sushil Kumar Son of Kapil Muni Pandey R/o Village - Madhopur Tola,
Daubaliya, P.S. - Jalalpur, Dist. - Saran at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manisha Devi W/o Brajendra Kumar Mishra R/o Village - Madhopur Tole,
Dudhwaliya, P.S. - Jalalpur, Dist. - Saran at Chapra.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 30-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in Complaint
Case No. 2575 of 2023, punishable for the offences under
Sections 467, 468, 471, 477, 420, 406 of the Indian Penal Code.
3. At the outset, learned A.P.P. for the State submits
that process under Section 82 Cr.P.C. has already been issued
against this petitioner on 18.06.2025 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 SCC 17 and Prem Shankar Prasad v. State
Patna High Court CR. MISC. No.9655 of 2026(5) dt.30-06-2026
2/2
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
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