Patna High Court
Sahajanand Ray @ Sahajanand SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
A petitioner declared an absconder and facing proceedings under Sections 82/83 Cr.P.C. is not entitled to anticipatory bail.
Summary
The petitioner, Sahajanand Ray, sought anticipatory bail fearing arrest in a case registered under Sections 419, 420, 467, 468, 472/34 of the IPC. The State argued that the petitioner had been declared an absconder and that proceedings under Sections 82 and 83 of the Cr.P.C. were underway, rendering him ineligible for anticipatory bail. The court referred to precedents that deny bail to absconders and emphasized the statutory requirement of presence before granting such relief. Consequently, the court held that the petition for pre‑arrest bail was not maintainable. The petition was dismissed.
Issues considered
- Whether a person declared an absconder and subject to proceedings under Sections 82/83 Cr.P.C. is entitled to anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 82, 83
- Indian Penal Code — s. 419, 420, 467, 468, 472/34
Subjects
- anticipatory bail
- absconder
- Cr.P.C. Sections 82/83
- IPC offences
- bail jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40392 of 2026
Arising Out of PS. Case No.-53 Year-2005 Thana- GOGRI District- Khagaria
======================================================
Sahajanand Ray @ Sahajanand Singh Son of Late Chandradeo Ray (owner of
Rahul Machinery ) Resident of Village - Katghara Diyara Fudkichak, Police
Station- Gogari, District Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Gogari (Mahesh
Khunt) P. S. Case No. 53 of 2005 registered for the offences
punishable under Sections 419, 420, 467, 468, 472/34 of the
Indian Penal Code.
3. It is submitted on behalf of the State that petitioner
has been declared absconder and processes under Sections 82/83
of the Cr.P.C. have 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.40392 of 2026(2) dt.30-06-2026
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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