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Patna High Court

Shailesh Yadav @ Sudesh YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted because the appellant was an absconder, and the appeal was dismissed.

Summary

Shailesh Yadav appealed to the Patna High Court against an order of the Exclusive Special Judge, SC/ST, Gaya, which had entertained his application for anticipatory bail in a case arising from a 2017 offence. The informant informed the court that the appellant had approached the lower court for anticipatory bail after a delay of seven to eight years and was an absconder. The High Court examined whether anticipatory bail could be granted to a person who had evaded the law for such a long period. Finding that the appellant was an absconder, the Court held that it was not inclined to grant anticipatory bail. Consequently, the appeal was dismissed.

Issues considered

  • Can anticipatory bail be granted to an accused who is an absconder and has approached the court after a delay of several years?

Subjects

  • anticipatory bail
  • absconding
  • Criminal Procedure Code
  • bail jurisdiction
  • appeal dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3794 of 2025
                       Arising Out of PS. Case No.-58 Year-2017 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Shailesh Yadav @ Sudesh Yadav S/O Musafir Yadav Village- Bazitpur, P.S.-
                 Wazirganj, Dist.- Gaya.

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Munni Paswan D/O late Mahavir Paswan Village- Pater, P.S.- Wazirganj,
                 Dist.- Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Ajay Kumar Sinha
                                                 Ms. Sanjana
                                                 Ms. Anjali Kumari
                 For the Respondent/s    :       Mr.Binay Krishna
                 For the Informant       :       Mr. Ravi Prakash Dwiwedi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   12-03-2026                   Heard the parties.

                                2. This appeal is preferred against the order dated

                   9.7.2025 passed by the learned Exclusive Special Judge, SC/ST,

                   Gaya in ABP No. 186 of 2025 arising out of Wazirganj P.S. Case

                   No. 58 of 2017.

                                3. Before the learned counsel for the appellant starts

                   arguing this appeal, it has been informed by the learned counsel

                   for the informant that the appellant has approached the lower

                   Court for grant of anticipatory bail after a delay of 7-8 years and

                   the appellant is an absconder.
          Patna High Court CR. APP (SJ) No.3794 of 2025(3) dt.12-03-2026
                                                       2/2




                                 4. In view of the fact that the appellant is an

                    absconder, this Court is not inclined to grant anticipatory bail to

                    the appellant.

                                 5. Accordingly, this appeal stands dismissed.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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