Patna High Court
Manti Devi @ Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petition for pre‑arrest bail is dismissed as not maintainable because the petitioners are absconders and Section 82 Cr.P.C. proceedings are pending, precluding anticipatory bail.
Summary
Petitioners Manti Devi and Shiji Kumari filed a pre‑arrest (anticipatory) bail petition fearing arrest in a 2021 case involving multiple IPC offences. The informant argued that the petitioners had been declared absconders and that proceedings under Section 82 of the Criminal Procedure Code had been initiated to secure their appearance. Relying on precedents that absconders are ineligible for anticipatory bail, the Court examined whether the petition was maintainable. The Court held that the existence of Section 82 proceedings precludes the grant of anticipatory bail. Consequently, the petition for pre‑arrest bail was dismissed as not maintainable.
Issues considered
- Whether petitioners declared absconders and subject to Section 82 Cr.P.C. proceedings are entitled to anticipatory bail.
- Whether a pre‑arrest bail petition is maintainable under the circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82
Subjects
- anticipatory bail
- pre‑arrest bail
- absconder
- Section 82
- Criminal Procedure Code
- Indian Penal Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5626 of 2026
Arising Out of PS. Case No.-23 Year-2021 Thana- MALI District- Aurangabad
======================================================
1. Manti Devi @ Shanti Devi W/o- Dhirendra Pandey Village- Bairwan
Loknath Ps- Mali Dist- Aurangabad
2. Shiji Kumari @ Shimpi Kumari D/o- Dhirendra Pandey Village- Bairwan
Loknath Ps- Mali Dist- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, A.P.P.
For the Informant : Mr. Abhishek Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend arrest in Mali P. S. Case No.
23 of 2021 registered for the offences punishable under Sections
147, 149, 341, 323, 307, 380, 325, 427, 504, 506 of the Indian
Penal Code.
3. At the outset, learned counsel for the informant
submits that petitioners have been declared absconder and
process of Section 82 of the Cr.P.C. has been initiated against
them on 04.11.2025 to ensure their appearance in the Court as
such petitioners are not entitled to the relief of anticipatory bail
(Lavesh v. State (NCT of Delhi) (2012) 8 SCC 730, State of
Patna High Court CR. MISC. No.5626 of 2026(2) dt.04-02-2026
2/2
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
pre-arrest bail of petitioners is dismissed as not maintainable.
(Prabhat Kumar Singh, J)
Navya/-
U T
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