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Patna High Court

Dharmendra Kumar Ray @ Dharmendra RayversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

A person who has been declared an absconder is not eligible for anticipatory bail.

Summary

The petitioner, Dharmendra Kumar Ray, filed an anticipatory bail application before the Patna High Court. The court observed that the petitioner had been declared an absconder in 2023. Relying on that status, the court held that anticipatory bail could not be granted. Consequently, the petition for anticipatory bail was rejected. The order underscores that a declared absconder is ineligible for anticipatory bail under the law.

Issues considered

  • Whether a person declared as an absconder can be granted anticipatory bail?

Subjects

  • anticipatory bail
  • absconding
  • bail
  • Criminal Procedure Code
  • High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2165 of 2026
                         Arising Out of PS. Case No.-287 Year-2017 Thana- GARKHA District- Saran
                  ======================================================
                  Dharmendra Kumar Ray, @ Dharmendra Ray, S/o Late Ramnath Ray, R/o
                  Village - Minapur, P.S - Garkha, District - Saran.
                                                                            ... ... Petitioner
                                                      Versus
                  The State of Bihar
                                                                     ... ... Opposite Party
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Alok Kumar Alok, Advocate
                  For the Opposite Party/s :       Mrs. Asha Kumari, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                        ORAL ORDER

2    12-02-2026                    During course of argument, it transpires from

                    impugned order that the petitioner was declared absconder in

                    the year 2023 itself, accordingly, the prayer of anticipatory

                    bail of petitioner stands rejected.


                                                          (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


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