Patna High Court
Md. Shamser SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was denied because the petitioner was an absconder and the case had been pending since 2021.
Summary
The petitioner, Md. Shamser Sah, filed an anticipatory bail application fearing arrest in a 2021 case involving offences under Sections 302, 201 and 120(B) of the IPC and Section 27 of the Arms Act. The State argued that the petitioner had been declared an absconder after processes under Sections 82 and 83 of the CrPC were issued. The petitioner was unable to rebut the State’s claim of absconding. The Court examined the fact that the case was five years old and the petitioner was not cooperating with the investigation. Considering the petitioner’s absconding status, the Court declined to extend the privilege of anticipatory bail. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether anticipatory bail can be granted to an accused who is declared an absconder in a murder‑related case
Legislation cited
- Arms Act — s. 27
- Criminal Procedure Code — s. 82, 83
- Indian Penal Code — s. 120(B), 201, 302
Subjects
- anticipatory bail
- absconding
- murder
- IPC
- Arms Act
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21069 of 2026
Arising Out of PS. Case No.-155 Year-2021 Thana- CHANDI District- Nalanda
======================================================
Md. Shamser Sah S/o Md. Samu @ Samim Sah @ Mohammad Shamimuddin
Resident of Village- Sah ki Imli Imambara, P.S.- Khajkala, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 08-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 302, 201
and 120(B) of the Indian Penal Code read with Section 27 of the
Arms Act.
3. The learned APP for the State, at the outset,
submits that the case is of the year 2021 and the petitioner at his
leisure has moved this Court in the year 2026, but then process
under Sections 82 and 83 Cr.P.C. has been issued, hence,
petitioner is absconding and in the FIR the allegation against
him is of being involved in the murder of the brother of the
informant.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.21069 of 2026(4) dt.08-07-2026
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petitioner is not in a position to rebut the submission of the
learned APP for the State.
5. After hearing the learned counsel for the parties
and taking into consideration the fact that petitioner is an
absconder, the Court is not inclined to extend the privilege of
anticipatory bail to the petitioner.
6. Accordingly, the instant anticipatory bail
application stands rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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