Patna High Court
Khurshid AlamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
A declared absconder for whom Section 82 Cr.P.C. proceedings are underway is not entitled to anticipatory bail.
Summary
The petitioner, Khurshid Alam, sought anticipatory bail fearing arrest in a case (Sikti PS Case No.112 of 2020) involving offences under several sections of the Indian Penal Code. The State argued that the petitioner had been declared an absconder and that proceedings under Section 82 of the Criminal Procedure Code had been initiated to secure his appearance. Relying on precedents that deny anticipatory bail to absconders, the Court held that the petitioner was not entitled to such relief. Consequently, the petition for pre‑arrest bail was dismissed as non‑maintainable. The order reflects the Court's adherence to established jurisprudence on bail for declared absconders.
Issues considered
- Whether a person declared an absconder and subject to Section 82 Cr.P.C. proceedings is eligible for anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 82
- Indian Penal Code — s. 323, 34, 341, 354, 384, 386, 431, 504, 506, 509
Subjects
- anticipatory bail
- absconder
- Section 82 Cr.P.C.
- Indian Penal Code
- pre‑arrest bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38566 of 2026
Arising Out of PS. Case No.-112 Year-2020 Thana- SIKTI District- Araria
======================================================
Khurshid Alam S/O Late Kurban Ali @ Kurban R/O Village-Salgori @
Salguri, Ward No 02, PS- Sikti, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dheeraj Kumar, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, A.P.P.
======================================================
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 Sikti P. S. Case No.
112 of 2020 registered for the offences punishable under
Sections 341, 323, 354, 384, 386, 431, 504, 506, 509/34 of the
Indian Penal Code.
3. It is submitted on behalf of the State that from
perusal of the impugned order it appears 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).
4. Considering the aforesaid development, petition for
Patna High Court CR. MISC. No.38566 of 2026(2) dt.25-06-2026
2/2
pre-arrest bail of petitioner is dismissed as not maintainable.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.