Patna High Court
HEMANT KUMAR VERMA @ HAVINDRA VERMAversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal for pre‑arrest bail is not maintainable.
Summary
Hemant Kumar Verma was charged under several IPC offences (sections 147, 149, 341, 323, 307, 504, 506) and under the SC/ST (Prevention of Atrocities) Act (sections 3(1)(r)(s) and 3(2)(va)). He applied for anticipatory bail, which was rejected by the Exclusive Special Judge. Subsequently, he was declared an absconder and criminal procedure sections 82 and 83 were invoked to secure his appearance. The appellant filed an appeal challenging the rejection of anticipatory bail and seeking pre‑arrest bail. The High Court examined whether the appeal was maintainable given his absconder status and pending CrPC processes. Finding that the appellant was a declared absconder and that procedural steps were underway, the Court held the appeal was not maintainable and dismissed it.
Issues considered
- Whether an appeal for pre‑arrest bail is maintainable when the appellant has been declared an absconder and proceedings under Sections 82 and 83 of the CrPC are pending.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82, 83
- Indian Penal Code — s. 147, 149, 307, 323, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- pre‑arrest bail
- absconder
- SC/ST Act
- IPC offences
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1465 of 2023
Arising Out of PS. Case No.-129 Year-2021 Thana- BEERPUR District- Begusarai
======================================================
Hemant Kumar Verma @ Havindra Verma S/O Late Ram Bahadur Verma
Resident Of Village- Bakhatpur, P.S- Birpur, Distt.- Begusarai.
... ... Appellant/s
Versus
1. The State of Bihar
2. Rohit Kumar S/O Suresh Paswan R/O Village- Maidabhangama, P.S- Birpur,
Distt.- Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pramod Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor
For the R.No. 2 : Mr. Ashok Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 19-03-2026 Heard learned counsel for the appellant, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
14.02.2022 passed by learned Exclusive Special Judge, SC/ST
Act, Begusarai in ABA No. 311 of 2022 arising out of Birpur
P.S. Case No. 129 of 2021 registered under Sections 147, 149,
341, 323, 307, 504, 506 of the Indian Penal Code and Section
3(1)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for
anticipatory bail of appellant has been rejected.
3. Learned counsel for the appellant submits that
appellant has been declared absconder and processes of Sections
Patna High Court CR. APP (SJ) No.1465 of 2023(5) dt.19-03-2026
2/2
82 and 83 of the Cr.P.C. have been initiated against him to
ensure his appearance in the Court.
4. Considering the aforesaid development, appeal for
pre-arrest bail of the appellant is dismissed as not maintainable.
(Prabhat Kumar Singh, J)
Navya/-
U T
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