Patna High Court
Arvind SharmaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is not maintainable when the petitioner is declared an absconder and Section 82 proceedings are pending.
Summary
Arvind Sharma, the petitioner, feared arrest in a case registered under Sections 406, 420 and 120B of the Indian Penal Code. The State informed the Court that he had been declared an absconder and that proceedings under Section 82 of the Criminal Procedure Code were underway to secure his appearance. On this basis, the petitioner applied for anticipatory bail. The Court, relying on precedents such as Lavesh v. State (NCT of Delhi) and State of MP v. Pradeep Sharma, held that a person declared an absconder and subject to Section 82 proceedings is not entitled to anticipatory bail. Consequently, the petition for pre‑arrest bail was dismissed as non‑maintainable.
Issues considered
- Whether anticipatory bail can be granted to a person declared an absconder and against whom Section 82 CrPC proceedings are pending.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82
- Indian Penal Code — s. 120B, 406, 420
Subjects
- anticipatory bail
- absconder
- Section 82 CrPC
- IPC offences
- bail jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3353 of 2026
Arising Out of PS. Case No.-1084 Year-2016 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Arvind Sharma Son of Late Ram Sarekh Sharma R/o - Village - Ajamatpur,
P.O. - Bidupur, P.S- Rajapakar, District - Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shankar Prasad Singh Son of Late Ram Kishun Singh R/o - Village -
Narayanpur, P.S. - Mahua, District - Vaishali. At present reside at Dighikala
East, Ram Aashish Chauk, P.S. - Hajipur Sadar, Dist. - Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in case registered for
the offences punishable under Sections 406, 420 and 120 ( B )
of IPC .
3 . At the outset, learned APP appearing on behalf of
State submitted that petitioner has been declared absconder and
process of Section 82 of the Cr.P.C. has been initiated against
him to ensure his appearance in the Court as such petitioner is
not entitled to the relief of anticipatory bail (Lavesh v. State
(NCT of Delhi) (2012) 8 SCC 730, State of MP v. Pradeep
Sharma (2014) 2 SCC 17, Prem Shankar Prasad v. State of
Patna High Court CR. MISC. No.3353 of 2026(2) dt.02-02-2026
2/2
Bihar 2021 SCC OnLine SC 955).
4. Considering the aforesaid development, petition
for pre-arrest bail of petitioner is dismissed as not maintainable .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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