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Patna High Court

Shambhu MandalversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition for anticipatory bail was dismissed as not maintainable because the petitioners were declared absconders and Section 82 Cr.P.C. proceedings were pending.

Summary

Shambhu Mandal and Sunil Mandal, petitioners, feared arrest in a case registered under Sections 103(1), 61(2) and 238(A) of the BNS. The State had declared them absconders and initiated proceedings under Section 82 of the Criminal Procedure Code to secure their appearance. The petitioners applied for anticipatory (pre‑arrest) bail, arguing that they were entitled to relief despite the absconding proceedings. The learned Assistant Public Prosecutor contended that absconders are not eligible for anticipatory bail, relying on precedents such as Lavesh v. State (NCT of Delhi) and others. Justice Prabhat Kumar Singh held that the petition was not maintainable because the petitioners were declared absconders and Section 82 proceedings were pending, and consequently dismissed the anticipatory bail application.

Issues considered

  • Whether a person declared an absconder and subject to Section 82 Cr.P.C. proceedings is entitled to anticipatory bail.
  • Whether the petition for pre‑arrest bail is maintainable in the circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • absconder
  • Section 82 CrPC
  • pre‑arrest bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6163 of 2026
                       Arising Out of PS. Case No.-231 Year-2025 Thana- Kharagpur District- Munger
               ======================================================
           1 . Shambhu Mandal S/o Bechan Mandal R/o Village - Dularpur, P.S -
                Kharagpur, District - Munger
           2.    Sunil Mandal S/o Bechan Mandal R/o Village - Dularpur, P.S - Kharagpur,
                 District - Munger

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amaresh Kumar , Advocate
                 For the Opposite Party/s :        Mr. Binod Kumar , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                         Heard learned counsel for the petitioners and the

                   State .

                                2. Petitioners apprehend arrest in case registered for

                   the offences punishable under Sections 103 (1) , 61 ( 2 ) and 238

                   (A) and 61 ( 2 ) of BNS.

                                3 . At the outset, learned APP appearing on behalf of

                   State submitted that petitioners have 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

                   petitioners 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
            Patna High Court CR. MISC. No.6163 of 2026(2) dt.04-02-2026
                                                        2/2




                      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)
Koushik/-

U


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