Patna High Court

Rakesh Kumar JhaversusThe State of Bihar

Decided: 5 January 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is not maintainable where the petitioner is declared an absconder and Section 82 CrPC is invoked to secure his appearance.

Summary

Rakesh Kumar Jha applied for anticipatory bail fearing arrest in a case under Section 395 of the IPC. The State argued that he had been declared an absconder and that proceedings under Section 82 of the CrPC were underway to secure his appearance, rendering anticipatory bail unavailable. The court examined the legal principle that anticipatory bail cannot be granted when a person is declared a fugitive and the court is exercising its power to produce the accused. 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 judge held that the petition for pre‑arrest bail was not maintainable. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

Whether anticipatory bail can be granted when the petitioner is declared an absconder and Section 82 CrPC 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.82669 of 2025
                        Arising Out of PS. Case No.-207 Year-2022 Thana- ARARIA District- Araria
                 ======================================================
                 Rakesh Kumar Jha son of Akhilesh Jha @ Akhilesh Kumar Jha Resident Of
                 Village -Khariya Basti, Ward No 10, PS- Araria, District -Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gopal Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Pawan Kumar Chaurasia, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-01-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in case registered for

                   the offence punishable under Section 395 of the Indian Penal

                   Code.

                                3. At the outset, learned A.P.P. for the State submits

                   that from bare perusal of the impugned order it appears 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 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).

                                4. Considering the aforesaid development, petition for
              Patna High Court CR. MISC. No.82669 of 2025(2) dt.05-01-2026
                                                          2/2




                        pre-arrest bail of petitioner is dismissed as not maintainable.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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