Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal for pre‑arrest bail was dismissed as not maintainable.
Summary
The appellants, Jitendra Kumar and Shyam Babu Rai, were charged under multiple sections of the Indian Penal Code, the Arms Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for offences arising from a case registered at Shahpur Police Station. They applied for anticipatory bail, which was rejected by the Exclusive Special Judge, SC/ST, Patna. Subsequently, the appellants were declared absconders and proceedings under Sections 82 and 83 of the Criminal Procedure Code were initiated to secure their appearance. An appeal was filed in the Patna High Court challenging the rejection of anticipatory bail. The High Court held that the appeal for pre‑arrest bail was not maintainable in view of the declaration of absconding and dismissed the appeal.
Issues considered
- What is the maintainability of an appeal for anticipatory or pre‑arrest bail after the accused have been declared absconders?
- Whether the rejection of anticipatory bail by the Special Judge can be set aside by the High Court under the circumstances.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 82, 83
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 338, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)(v)
Subjects
- anticipatory bail
- pre‑arrest bail
- absconders
- Criminal Procedure Code
- SC/ST Act
- IPC offences
- maintainability of appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4193 of 2024
Arising Out of PS. Case No.-147 Year-2024 Thana- SAHPUR District- Patna
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1. Jitendra Kumar S/o- Shyam Babu Rai Vill- Maksudpur ward no 03, PS-
Shahpur Dist-Patna
2. Shyam Babu Rai Son of Late Shiv Nath Rai Vill- Maksudpur ward no 03,
PS- Shahpur Dist-Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Baleshwari Devi wife of Late Harbans Ram Vill- Maksudpur ward no 03,
PS- Shahpur Dist-Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Hari Mohan Mishra, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor
For the R.No. 2 : Md. Ali Imran, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 02-04-2026 Heard learned counsel for the parties.
2. This appeal has been filed against the order dated
19.07.2024 passed by learned Exclusive Special Judge, SC/ST,
Patna in ABP No. 2781 of 2024 arising out of Shahpur P.S. Case
No. 147 of 2024 registered under Sections 147, 148, 149, 341,
323, 307, 302, 338, 504, 506 of the Indian Penal Code, Section
27 of the Arms Act and Sections 3(1)(r)(s), 3(2)(va)(v) of
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of
appellants has been rejected.
3. It is submitted on behalf of the respondent no. 2
Patna High Court CR. APP (SJ) No.4193 of 2024(5) dt.02-04-2026
2/2
that appellants have been declared absconders and processes of
Sections 82 and 83 of the Cr.P.C. have been initiated against
them to ensure their appearance in the Court.
4. Considering the aforesaid development, appeal for
pre-arrest bail of the appellants is dismissed as not maintainable.
(Prabhat Kumar Singh, J)
Navya/-
U T
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