Patna High Court
Chandshekhar Pathak @ Chandsekhar Pathak @ Chandra Shekhar PathakversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petition for anticipatory bail was dismissed as not maintainable.
Summary
The petitioner, Chandshekhar Pathak, applied for anticipatory bail fearing arrest in a case involving offences under IPC sections 420, 406, 323, 341, 504 and Section 138 of the Negotiable Instruments Act. The State opposed the bail, stating that the petitioner had been declared an absconder and that proceedings under Section 82 of the Cr.P.C. were underway to secure his appearance. The court noted the precedents Lavesh v. State, State of MP v. Pradeep Sharma and Prem Shankar Prasad v. State of Bihar on anticipatory bail. Considering the petitioner’s absconding status and the active Section 82 proceedings, the court held that the bail application was not maintainable. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being declared an absconder
- Whether the initiation of proceedings under Section 82 of the Cr.P.C. bars the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82
- Indian Penal Code — s. 323, 341, 406, 420, 504
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- absconder
- Section 82 CrPC
- IPC offences
- bail jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.882 of 2026
Arising Out of PS. Case No.-689 Year-2021 Thana- WEST CHAMPARAN COMPLAINT
District- West Champaran
======================================================
Chandshekhar Pathak @ Chandsekhar Pathak @ Chandra Shekhar Pathak S/o
Late Babunath Pathak R/o vill - Bargo, ward no. 11, P.s.- Ramnagar, Distt.-
West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Umesh Sharma S/o Late Chandradeo Sharma Proprietor Bharat Electronics
Railly Bazar, Ramnagar, R/o vill- Railly Bazar, ward no. 21, Ramnagar, P.S.-
Ramnagar, Distt.- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, Addl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in case registered for
the offences punishable under Sections 420, 406, 323, 341, 504
of the Indian Penal Code and Section 138 of the Negotiable
Instruments Act.
3. At the outset, learned A.P.P. for the State
vehemently opposed the bail application and 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 not entitled to the
Patna High Court CR. MISC. No.882 of 2026(2) dt.21-01-2026
2/2
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
pre-arrest bail of petitioner is dismissed as not maintainable.
(Prabhat Kumar Singh, J)
Navya/-
U T
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