Patna High Court
RAUSHAN KUMAR @ PURUSHOTAM NARAYAN SHARMA @ RAUSHAN KUMAR PRINCEversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Criminal Procedure Code — s. 82
- Indian Penal Code — s. 201, 302, 34
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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