Patna High Court

Nikku Yadav @ Niku KumarversusThe State of Bihar

Decided: 27 April 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

Pre‑arrest bail is not maintainable where the accused is declared an absconder and Sections 82 and 83 CrPC proceedings are underway.

Summary

Petitioner Nikku Yadav, facing charges under Sections 304(B), 201 and 120(B) of the Indian Penal Code, applied for pre‑arrest bail fearing imminent arrest. The State contended that the petitioner had been declared an absconder and that proceedings under Sections 82 and 83 of the Criminal Procedure Code had been initiated to secure his appearance. The Court examined whether the existence of an absconder declaration and pending CrPC proceedings precluded the maintainability of a pre‑arrest bail application. It held that the statutory processes under Sections 82 and 83 effectively barred the grant of bail at this stage. Consequently, the petition for pre‑arrest bail was dismissed as not maintainable.

Issues considered

Whether a pre‑arrest bail petition is maintainable when the accused 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. 120B, 201, 304B

Subjects

pre‑arrest bail
absconder
IPC 304B
CrPC Sections 82 and 83
bail jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13548 of 2026
                         Arising Out of PS. Case No.-30 Year-2020 Thana- JAIPUR District- Banka
                 ======================================================
                 Nikku Yadav @ Niku Kumar Son of Ramdeo Yadav Resident of Village-
                 Kolhasar, P.S.- Jaipur, District- Banka
                                                                    ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Mukherjee, Advocate
                 For the Opposite Party/s :        Mr. Tarun Prasad Mandal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   27-04-2026                  Heard learned counsel for the parties.

                                2. Petitioner apprehends arrest in registered for the

                   offences punishable under Sections 304(B), 201, 120(B) of the

                   Indian Penal Code.

                                3. It is submitted on behalf of the State that from

                   perusal of the impugned order it appears that petitioner has been

                   declared absconder and processes of Sections 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, petition for

                   pre-arrest bail of the petitioner is dismissed as not maintainable.



                                          (Prabhat Kumar Singh, J)
Navya/-

U         T

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