Patna High Court
Shiv Shambhu Kumar @ Shambhu Kumar @ Shambhu sahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petition for anticipatory bail was dismissed as not maintainable because the petitioner, being an absconder under Section 82 Cr.P.C., is not entitled to such relief.
Summary
Shiv Shambhu Kumar sought anticipatory bail fearing arrest in a case registered under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The informant contended that the petitioner had been declared an absconder and that proceedings under Section 82 of the Criminal Procedure Code were underway to secure his appearance. Relying on precedents such as Lavesh v. State (NCT of Delhi), State of MP v. Pradeep Sharma and Prem Shankar Prasad v. State of Bihar, the learned counsel argued that an absconder is not eligible for anticipatory bail. The Court examined whether the petition was maintainable in view of the Section 82 proceedings and the cited case law. Concluding that the petitioner was not entitled to anticipatory bail, the Court dismissed the pre‑arrest bail petition as not maintainable.
Issues considered
- Whether a person declared an absconder and subject to Section 82 Cr.P.C. proceedings is entitled to anticipatory bail
- Whether the petition for pre‑arrest bail is maintainable in the circumstances
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 61(2)
- Code of Criminal Procedure, 1973 — s. 82
Subjects
- anticipatory bail
- pre‑arrest bail
- absconder
- Section 82 Cr.P.C.
- Arms Act
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34345 of 2025
Arising Out of PS. Case No.-24 Year-2025 Thana- Nehra District- Darbhanga
======================================================
Shiv Shambhu Kumar @ Shambhu Kumar @ Shambhu sah S/o Ram Dayal
Sahu R/o vill - Raina Ghat, ward no. 16, P.s.- Sadar, Distt.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, A.P.P.
For the Informant : Mr. Ashish, Mr. G.C. Jha, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 08-01-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in case registered for
the offences punishable under Sections 103(1), 61(2) of the
Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. At the outset, learned counsel for the informant
submits 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 Bihar 2021
SCC OnLine SC 955).
Patna High Court CR. MISC. No.34345 of 2025(3) dt.08-01-2026
2/2
4. Considering the aforesaid development, petition for
pre-arrest bail of petitioner is dismissed as not maintainable.
(Prabhat Kumar Singh, J)
Navya/-
U T
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