Patna High Court

Jito Mandal @ Jitendra Mandal @ jitendra Kumar MandalversusThe State of Bihar

Decided: 5 February 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail cannot be granted if the petitioner is evading the court process and Section 83 Cr.P.C. proceedings have been initiated.

Summary

The petitioner, Jito Mandal, filed a pre‑arrest (anticipatory) bail petition claiming he was likely to be arrested. The State argued that the petitioner was evading the court process and that Section 83 of the Criminal Procedure Code had been invoked to compel his appearance. Relying on the Supreme Court’s decision in Prem Shankar Prasad v. State of Bihar (2021), the court examined whether anticipatory bail could be granted under such circumstances. The court held that when a petitioner is deliberately avoiding the court and Section 83 proceedings are pending, anticipatory bail cannot be granted. Consequently, the petition was dismissed, and the petitioner was directed to appear before the trial court.

Issues considered

Whether anticipatory bail can be granted when the petitioner is evading the court process and Section 83 Cr.P.C. proceedings are underway

Legislation cited

Code of Criminal Procedure, 1973 — s. 83

Subjects

anticipatory bail
Section 83
pre‑arrest bail
evading court process
Criminal Procedure Code
High Court of Patna

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.31121 of 2025
                    Arising Out of PS. Case No.-187 Year-2019 Thana- SHAMBHUGANJ District- Banka
                  ======================================================
                  Jito Mandal @ Jitendra Mandal @ jitendra Kumar Mandal S/O Rudo Mandal
                  @ Rudeshwari Mandal R/O Village- Shyampur Daka, P.S- Shambhuganj,
                  Distt.- Banka                                         ... Petitioner/s
                                                  Versus
                  The State of Bihar Bihar                         ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr.Ajay Mukherjee
                  For the Opposite Party/s :     Mr.Rajendra Prasad Nat
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

4    05-02-2026                    Heard learned counsel for the parties.

                                 2. At the outset, learned counsel for the State,
                    referring to the case diary, points out that petitioner is evading
                    process of court and to ensure appearance, section 83 Cr.P.C.
                    process has also been started vide order dated . Learned counsel
                    submits that in such condition, petitioner cannot be granted any
                    relief of anticipatory bail but has to present him before the
                    concerned court to face trial. Reliance is placed to the decision
                    of Hon’ble Supreme Court, rendered in the case of Prem
                    Shankar Prasad Versus the State Of Bihar & Anr (Criminal
                    Appeal No.1209 of 2021), reported in LL 2021 SC 579.
                                 3. In view of the aforesaid development and judgment
                    of the Hon’ble Supreme Court, this pre-arrest bail petition is
                    dismissed.


                                           (Prabhat Kumar Singh, J)
shashi/-
U

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