Dismissed¶18

Bittu Kumar @ Kundan Kumar @ Bittu @ Kundan Kumar v. The State of Bihar

Anticipatory bail – rejection

Patna HC22 Apr 2026CR. MISC./70642/2025

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What is this about?

Anticipatory bail rejected; Section 82 Cr.P.C. proceedings already issued against petitioner; offences under Section 376 IPC and Section 4 POCSO Act; PS Case No. 8 of 2024, Makhdumpur, District Jehanabad; maintainability objection by APP; reliance on Prem Shankar Prasad versus the State of Bihar and Another, LL 2021 SC 579; Patna High Court; Prabhat Kumar Singh, J; oral order dated 22-04-2026; petitioner Bittu Kumar @ Kundan Kumar; opposite parties State of Bihar and Kajal Kumari @ Niki Kuar.

What did the court decide?

The Court recorded and acted upon the fact that proceedings under Section 82 of the Cr.P.C. had already been issued against the petitioner, as urged by the APP in opposition to the anticipatory bail prayer. ¶18

Bittu Kumar @ Kundan Kumar @ Bittu @ Kundan… — Child Sexual Offences (POCSO) | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70642 of 2025

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Arising Out of PS. Case No.-8 Year-2024 Thana- MAKHDUMPUR District- Jehanabad

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======================================================

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Bittu Kumar @ Kundan Kumar @ Bittu @ Kundan Kumar Son of Vikash Kumar @ Loha Singh Resident of Village - Sahbajpur, Police Station - Kako, District - Jehanabad.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Kajal Kumari @ Niki Kuar Daughter of Subhash Kumar Resident of Village - Thikror, Police Station - Tehta O.P. (Makhdumpur), District - Jehanabad.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner : Ms. Pooja Prasad, Advocate For the State : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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5 22-04-2026 Heard learned counsel appearing on behalf of the

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petitioner and learned APP appearing on behalf of the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

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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 the same is not maintainable as from bare perusal of the impugned order it is apparent that proceedings under Section 82 of the Cr.P.C. has already been issued. In this connection, reliance is placed upon recent judgment of the Hon’ble Apex Court in the case of Prem

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Patna High Court CR. MISC. No.70642 of 2025(5) dt.22-04-2026 2/2

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Shankar Prasad versus the State of Bihar and Another

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reported in LL 2021 SC 579 .

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Considering the facts and circumstances, the fact that proceedings 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.

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(Prabhat Kumar Singh, J)

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shashank/-

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U T

Bittu Kumar @ Kundan Kumar @ Bittu @ Kundan Kumar v. The State of Bihar

Case brief

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Bittu Kumar @ Kundan Kumar @ Bittu @ Kundan Kumar v. The State of Bihar

Case brief

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