Patna High Court
Brajesh Kumar @ Brajesh PrasadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is not maintainable against a declared absconder facing Section 82 proceedings.
Summary
The petitioner, Brajesh Kumar, sought anticipatory bail fearing arrest in a case involving offences under Sections 190, 191(2), 191(3), 126(2), 127(2), 103(1) and 303(2) of the B.N.S. The informant’s counsel informed the court that the petitioner had been declared an absconder and that proceedings under Section 82 of the Criminal Procedure Code were underway to compel his appearance. Relying on precedents that deny anticipatory bail to absconders, the court examined whether the petition was maintainable. The court held that because the petitioner was already subject to Section 82 proceedings, he was not entitled to anticipatory bail. Consequently, the petition for pre‑arrest bail was dismissed.
Issues considered
- Whether a person declared an absconder and subject to Section 82 Cr.P.C. proceedings is eligible for anticipatory bail.
Legislation cited
- B.N.S. — s. 103(1), 126(2), 127(2), 190, 191(2), 191(3), 303(2)
- Criminal Procedure Code — s. 82
Subjects
- anticipatory bail
- absconder
- Section 82
- Criminal Procedure Code
- pre‑arrest bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35979 of 2026
Arising Out of PS. Case No.-407 Year-2025 Thana- HILSA District- Nalanda
======================================================
Brajesh Kumar @ Brajesh Prasad S/o Ramjee Prasad R/o Village- Maheshpur,
PS- Chiksaura, Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
For informant : Mr. Ravi Shanker Pankaj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and
the State .
2. Petitioner apprehends arrest in case registered for
the offences punishable under Sections 190, 191(2), 191(3),
126(2), 127(2), 103(1) and 303(2) of the B.N.S.
3 . At the outset, Mr. Ravi Shanker Pankaj, learned
advocate appearing on behalf of informant 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 Bihar 2021 SCC
Patna High Court CR. MISC. No.35979 of 2026(2) dt.25-06-2026
2/2
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/Alok
Raj-
U T
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