Patna High Court
Ram Suresh Prasad @ Suresh Paswan @ Ram Suresh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is not maintainable where the petitioner is declared an absconder and proceedings under Section 84 of the BNSS are pending.
Summary
The petitioner, Ram Suresh Prasad, sought anticipatory bail in a criminal case (PS Case No.176 of 2025) for an alleged offence under Section 105 of the Bharatiya Nyaya Sanhita. The informant argued that the petitioner had been declared an absconder and that proceedings under Section 84 of the BNSS had been initiated to secure his appearance. Relying on precedents such as Lavesh v. State (NCT of Delhi), State of MP v. Pradeep Sharma, and Prem Shankar Prasad v. State of Bihar, the court examined whether an absconder is entitled to anticipatory bail. The bench held that the initiation of Section 84 proceedings precludes the grant of anticipatory bail. Consequently, the petition for pre‑arrest bail was dismissed as not maintainable.
Issues considered
- Whether a person declared an absconder and subject to proceedings under Section 84 of the Bharatiya Nyaya Sanhita is entitled to anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 105, 84
Subjects
- anticipatory bail
- absconder
- Section 84
- Bharatiya Nyaya Sanhita
- pre‑arrest bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81174 of 2025
Arising Out of PS. Case No.-176 Year-2025 Thana- DAWATH District- Rohtas
======================================================
Ram Suresh Prasad @ Suresh Paswan @ Ram Suresh Paswan Son of Late
Bhoja Ram Resident of Village - Gopal Dihari, P.S.- Dawath, District -
Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Ms. Renu Kumari, A.P.P.
For the Informant : Mr. Arvind Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 31-03-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in Dawath P. S. Case
No. 176 of 2025 registered for the offence punishable under
Section 105 of the Bharatiya Nyaya Sanhita.
3. At the outset, learned counsel for the informant
submits that petitioner has been declared absconder and process
under Section 84 of the BNSS 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
Patna High Court CR. MISC. No.81174 of 2025(4) dt.31-03-2026
2/2
SCC OnLine SC 955).
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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