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Patna High Court

Md. Shamser SahversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                        2/2




                      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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