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Patna High Court

Sushil KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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

U      T


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