Patna High Court
Sabeeh Sarwer @ Sabeeh SarwarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
A petition for pre‑arrest (anticipatory) bail is not maintainable when the accused has been declared an absconder and a Section 82 proceeding is pending.
Summary
The petitioners, five individuals, were declared absconders in a case registered under Sections 420, 419, 406 and 417 of the Indian Penal Code. They sought pre‑arrest (anticipatory) bail fearing imminent arrest. The State argued that a proceeding under Section 82 of the Criminal Procedure Code had been initiated to compel their appearance, which precludes anticipatory bail. The Court examined precedents such as Lavesh v. State, State of MP v. Pradeep Sharma and Prem Shankar Prasad v. State of Bihar, noting that absconders cannot be granted anticipatory bail. Consequently, the Court held that the petition for pre‑arrest bail was not maintainable and dismissed it.
Issues considered
- Whether a person declared an absconder and subject to a Section 82 proceeding is entitled to anticipatory bail
Legislation cited
- Criminal Procedure Code — s. 82
- Indian Penal Code — s. 406, 417, 419, 420
Subjects
- anticipatory bail
- pre‑arrest bail
- absconders
- Section 82 CrPC
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11431 of 2026
Arising Out of PS. Case No.-177 Year-2014 Thana- DIGHALBANK District- Kishanganj
======================================================
1. Sabeeh Sarwer @ Sabeeh Sarwar S/O Late Obaidullah R/O Vill.- Shisa Bari,
P.s.- Rauta, Dist.- Purnia, At Present Panibag, P.S. and Dist.- Kishanganj.
2. Minhaj Sarwer @ Minhaj Sarwar S/O Late Obaidullah R/O Vill.- Shisa Bari,
P.s.- Rauta, Dist.- Purnia, At Present Panibag, P.S. and Dist.- Kishanganj.
3. Zeenat Jahan D/O Late Obaidullah R/O Vill.- Shisa Bari, P.s.- Rauta, Dist.-
Purnia, At Present Panibag, P.S. and Dist.- Kishanganj.
4. Rahat Jahan D/O Late Obaidullah R/O Vill.- Shisa Bari, P.s.- Rauta, Dist.-
Purnia, At Present Panibag, P.S. and Dist.- Kishanganj.
5. Sohail Ghaffari S/O Late Shoyeb Ghaffari R/O Vill.- Shisa Bari, P.s.- Rauta,
Dist.- Purnia, At Present Panibag, P.S. and Dist.- Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Ragib S/O Samir Uddin R/O Kachahari Basti Padampur, P.S.-
Dighalbank, Dist.- Kishanganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P.
For the O.P. No. 2 : Mr. Rajeev Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 29-06-2026 Heard learned counsel for the petitioners, opposite
party no. 2 and the State.
2. Petitioners apprehend arrest in case registered for
the offences punishable under Sections 420, 419, 406, 417 of the
Indian Penal Code.
3. At the outset, learned counsel for the informant
submits that from bare perusal of the impugned order it is
apparent that petitioners have been declared absconders and
Patna High Court CR. MISC. No.11431 of 2026(4) dt.29-06-2026
2/2
process of Section 82 of the Cr.P.C. has been initiated against
them to ensure their appearance in the Court as such petitioners
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).
5. Considering the aforesaid development, petition for
pre-arrest bail of petitioners is dismissed as not maintainable.
(Prabhat Kumar Singh, J)
Navya/-
U T
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