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Patna High Court

RAUSHAN KUMAR @ PURUSHOTAM NARAYAN SHARMA @ RAUSHAN KUMAR PRINCEversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

A declared absconder subject to Section 82 Cr.P.C. is not entitled to anticipatory bail.

Summary

The petitioner, Raushan Kumar, sought anticipatory bail fearing arrest in connection with a case (No. 702 of 2023) involving offences under Sections 302, 201, 34 of the IPC and Section 27 of the Arms Act. The State argued that the petitioner had been declared an absconder and that Section 82 of the Cr.P.C. was being invoked to secure his appearance, rendering him ineligible for anticipatory bail. The court examined precedents that deny bail to absconders and emphasized the statutory provision for producing the accused. Relying on the cited case law, the bench held that the petition was not maintainable. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

  • Whether a person declared an absconder and subject to Section 82 Cr.P.C. is entitled to anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • absconder
  • Section 82 Cr.P.C.
  • IPC offences
  • Arms Act
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7046 of 2026
                      Arising Out of PS. Case No.-702 Year-2023 Thana- NAUBATPUR District- Patna
                 ======================================================
                 Raushan Kumar @ Purushotam Narayan Sharma @ Raushan Kumar Prince
                 S/o- Bijendra Singh R/v- Chakrahiya Ps- Gaurichak Dist- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shambhu Narayan Singh, Advocate
                 For the Opposite Party/s :       Md. Shakir Ahmad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Naubatpur P. S.

                   Case No. 702 of 2023 registered for the offences punishable

                   under Sections 302, 201, 34 of the Indian Penal Code and

                   Section 27 of the Arms Act.

                                3. At the outset, learned A.P.P. for the State submits

                   that petitioner has been declared absconder and process of

                   Section 82 of the Cr.P.C. has been initiated against him to ensure

                   his appearance in the Court as such petitioner is not entitled to

                   the relief of anticipatory bail (Lavesh v. State (NCT of Delhi)

                   (2012) 8 SCC 730, State of MP v. Pradeep Sharma (2014) 2

                   SCC 17, Prem Shankar Prasad v. State of Bihar 2021 SCC

                   OnLine SC 955).

                                4. Considering the aforesaid development, petition for
              Patna High Court CR. MISC. No.7046 of 2026(2) dt.11-02-2026
                                                          2/2




                        pre-arrest bail of petitioner is dismissed as not maintainable.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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