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Patna High Court

Md. Abul Baba @ Md. Abdul Baba @ Md. Abudal BabaversusThe State of Bihar

Decided
Disposal
D.F.D. FOR NON APPEARANCE

Holding

Anticipatory bail was dismissed because there was no pending prosecution and the petitioner failed to appear.

Summary

The petitioner, Md. Abul Baba, filed an anticipatory bail application in the Patna High Court. No counsel or petitioner appeared when the matter was listed on two occasions. The investigating officer was unavailable, and the police officer testified that no prior application regarding a bike theft had been filed in 2018. The court noted the petitioner’s non‑appearance and the lack of any pending prosecution. Consequently, the court dismissed the anticipatory bail application on the ground of non‑prosecution. The personal appearance of the police officer was dispensed with.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner fails to appear before the court.
  • Whether the absence of a pending prosecution precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • non‑appearance
  • non‑prosecution
  • CrPC Section 438
  • high court procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21827 of 2026
                         Arising Out of PS. Case No.-1096 Year-2022 Thana- BIHTA District- Patna
                 ======================================================
                 Md. Abul Baba @ Md. Abdul Baba @ Md. Abudal Baba Son of Late Md.
                 Ashan @ Md. Ahean, Resident of Village - Digha, Jamkhari,J, Muslim Gali,
                 Behind Palson, P.S- Digha, District- Patna Danapur cum Khagaul, P.S.-
                 Digha, District - Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        None
                 For the Opposite Party/s :        Mr. Chandra Bhushan Prasad- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   13-07-2026                  1. The case was fixed at 11.30 A.M. and when the case

                   was called out, no one appeared on behalf of the petitioner, thereafter

                   again the case was fixed at 1.00 P.M., but still no one appears on

                   behalf of the petitioner.

                                2. The S.H.O., Rupaspur Police Station, Patna in

                   compliance of the order dated 09.07.2026 is present in the Court. It is

                   also submitted by the S.H.O., Rupaspur Police Station that no such

                   application was found with the police station submitted by the

                   petitioner in the Year 2018 for informing about theft of his bike.

                                3. The learned A.P.P. Sri Chandra Bhushan Prasad

                   submits that the Investigating Officer of the case could not come on

                   account of some personal reason.

                                4. Since no one appears on behalf of the petitioner on

                   repeated calls.
               Patna High Court CR. MISC. No.21827 of 2026(5) dt.13-07-2026
                                                           2/2




                                      5. Accordingly,         instant         the   anticipatory   bail

                         application is dismissed for non-prosecution.

                                      6. The personal appearance of the S.H.O., Rupaspur

                         Police Station, Patna is dispensed with.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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