Patna High Court
Shailesh Yadav @ Sudesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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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