Patna High Court
Munna Kumar @ Munna RayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
An anticipatory bail application is not maintainable if a Section 82 Cr.P.C. proceeding is already pending against the petitioner.
Summary
The petitioner, Munna Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The State opposed the bail, contending that a proceeding under Section 82 of the Criminal Procedure Code had already been initiated against the petitioner, rendering the anticipatory bail application non‑maintainable. The court examined the relevance of the pending Section 82 proceeding and relied on the Supreme Court’s decision in Prem Shankar Prasad v. State of Bihar (LL 2021 SC 579). It held that when a Section 82 proceeding is pending, an anticipatory bail application cannot be entertained. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether an anticipatory bail application is maintainable when a proceeding under Section 82 of the Cr.P.C. is already pending against the petitioner.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 82
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- Section 82 CrPC
- Section 302 IPC
- Section 34 IPC
- Section 27 Arms Act
- pre‑arrest bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9893 of 2026
Arising Out of PS. Case No.-210 Year-2024 Thana- KOILWAR District- Bhojpur
======================================================
Munna Kumar @ Munna Ray Son of Butai Ray R/o Haldi Chhapara, Police
Station - Maner, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ravi Bhushan, Advocate
For the State : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 302 and 34
of the Indian Penal Code and Section 27 of the Arms Act.
3. At the outset, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that in this case, proceedings under
Section 82 of the Cr.P.C. has already been issued against this
petitioner and as such, this pre-arrest bail application is not
maintainable. In this connection, reliance is placed upon recent
judgment of the Hon’ble Apex Court rendered in the case of
Prem Shankar Prasad versus the State of Bihar and Another
Patna High Court CR. MISC. No.9893 of 2026(2) dt.09-04-2026
2/2
reported in LL 2021 SC 579.
4. Considering the facts and circumstances of the
case, the fact that proceeding under Section 82 of the Cr.P.C. has
already been issued against this petitioner and judgment of the
Hon’ble Apex Court 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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