Patna High Court
Nagendra Kumar Sahi @ Nagendra SahiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal for anticipatory bail was dismissed, holding that the relief is not maintainable for absconders.
Summary
The appellants, Nagendra Kumar Sahi and Rahul Kumar Sahi, were charged under multiple sections of the IPC, the Arms Act and the SC/ST (Prevention of Atrocities) Act in a case registered in 2022. They applied for anticipatory bail, which was rejected by the 1st Additional Sessions Judge. On appeal, the respondent (Asha Devi) contended that the appellants had been declared absconders and that Section 82 of the CrPC had been invoked to secure their appearance, and a charge‑sheet had already been filed. Relying on precedents that deny bail to absconders, the High Court held that the appellants were not entitled to anticipatory bail. Consequently, the appeal for pre‑arrest bail was dismissed as not maintainable.
Issues considered
- Whether anticipatory bail can be granted to accused who have been declared absconders and against whom Section 82 CrPC proceedings are pending.
Legislation cited
- Arms Act — s. 27
- Criminal Procedure Code — s. 82
- Indian Penal Code — s. 147, 307, 323, 324, 341, 354, 379, 447, 448
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(2)(va)
Subjects
- anticipatory bail
- absconder
- Section 82 CrPC
- SC/ST Act
- bail jurisdiction
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1227 of 2025
Arising Out of PS. Case No.-199 Year-2022 Thana- BHAGWANPUR HAT District- Siwan
======================================================
1. Nagendra Kumar Sahi @ Nagendra Sahi son of Gautam Sahi village-
Koyrigawan, P.S.- Bhagwanpur Hat, District- Siwan
2. Rahul Kumar Sahi @ Rahul Sahi @ Rahul Kumar son of Satyendra Sahi
village- Koyrigawan, P.S.- Bhagwanpur Hat, District- Siwan
... ... Appellant/s
Versus
1. The State of Bihar
2. Asha Devi Wife of Jairam Manjhi village- Koyrigawan, P.S.- Bhagwanpur
Hat, District- Siwan
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sanjay Kumar Singh, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor
For the R.No. 2 : Mr. Rajeev Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 23-04-2026 Heard learned counsel for the appellants, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
11.02.2025 passed by learned 1st Additional Sessions Judge-
cum-Special Judge, Siwan in ABP No. 78 of 2025 arising out of
Bhagwanpur Hat P.S. Case No. 199 of 2022 registered under
Sections 147, 341, 323, 324, 307, 447, 448, 379, 354 of the
Indian Penal Code, Section 27 of the Arms Act and Section 3(1)
(r), 3(2)(va) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for
anticipatory bail of appellants has been rejected.
Patna High Court CR. APP (SJ) No.1227 of 2025(4) dt.23-04-2026
2/2
3. At the outset, learned counsel for the respondent no.
2 submitted that appellants have been declared absconder and
process of Section 82 of the Cr.P.C. has been initiated against
them to ensure their appearance in the Court and thereafter
charge-sheet was submitted, as such appellants are 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, appeal for
pre-arrest bail of appellants is dismissed as not maintainable.
(Prabhat Kumar Singh, J)
Navya/-
U T
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