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Patna High Court

Munna Kumar @ Munna RayversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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