Patna High Court
Banti Kumar Singh @ Banti SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petition for anticipatory bail was dismissed as not maintainable because the petitioner was an absconder.
Summary
The petitioner, Banti Kumar Singh, sought anticipatory bail in a case registered under Section 395 IPC for alleged dacoity, looting, and assault. The prosecution alleged that the petitioner and co‑accused stormed the informant's house, tied the informant and his wife, and stole ornaments, cash and a mobile phone. The State informed the court that the petitioner had been declared an absconder and that proceedings under Section 82 of the CrPC were underway 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.
Issues considered
- Whether a person declared an absconder is entitled to anticipatory bail under the CrPC.
- Whether the petition for pre‑arrest bail is maintainable when Section 82 proceedings are pending.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82
- Indian Penal Code — s. 395
Subjects
- anticipatory bail
- absconder
- Section 395 IPC
- Section 82 CrPC
- pre‑arrest bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5366 of 2026
Arising Out of PS. Case No.-293 Year-2021 Thana- HARNAUT District- Nalanda
======================================================
Banti Kumar Singh @ Banti Singh S/o Panchanand Singh @ Panchanan
Singh R/o 181 - 182 GNB, Near Pani Tanki Tadvadi, PO- Variav, PS-
Varachha, District- Surat Gujarat
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar , Advocate
For the Opposite Party/s : Mr. Kalyan Shankar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in case registered for
the offences punishable under Sections 395 of IPC .
3 . Prosecution case , in brief, is that informant
alleged that all the accused persons stormed the house of
informant and tied the informant and his wife and thereafter,
looted ornaments, cash of Rs. 1,75,000/- and mobile phone .
4. 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
Patna High Court CR. MISC. No.5366 of 2026(2) dt.28-01-2026
2/2
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).
5 . 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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