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Patna High Court

Lalan RaiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The anticipatory bail petition was dismissed as not maintainable because the petitioners were declared absconders under Section 82 CrPC.

Summary

The petitioners, Lalan Rai and Munna Kumar Yadav, sought anticipatory (pre‑arrest) bail in a case where they were charged under multiple sections of the Bihar Penal Code and later additional sections were added. The State, through the informant’s counsel, argued that the petitioners had been declared absconders and that Section 82 of the Criminal Procedure Code had been invoked to ensure their appearance, rendering them ineligible for anticipatory bail. The court examined precedents such as Lavesh v. State (NCT of Delhi), State of MP v. Pradeep Sharma, and Prem Shankar Prasad v. State of Bihar, which restrict bail for absconders. Considering these authorities and the procedural status, the court held that the petition for anticipatory bail was not maintainable. Consequently, the petition was dismissed.

Issues considered

  • Whether a person declared an absconder under Section 82 CrPC is entitled to anticipatory bail
  • Whether the anticipatory bail petition is maintainable in view of the pending criminal proceedings
  • Whether the addition of further charges affects the grant of pre‑arrest bail

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89411 of 2025
                       Arising Out of PS. Case No.-144 Year-2025 Thana- MASHRAK District- Saran
               ======================================================
           1 . Lalan Rai S/o Chandrama Rai R/o Village - Gandaman Dharmsati, P.S -
                Mashrakh, District - Saran at Chapra
           2.    Munna Kumar Yadav @ Munna Kumar @ Munna Rai S/o Lalan Rai R/o
                 Village - Gandaman Dharmsati, P.S - Mashrakh, District - Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rabindra Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Nath Jha, APP
                 For informant            :       Mr. Ajit Kumar singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                            Heard, Mr. Rabindra Kumar Tiwary, learned

                   counsel for the petitioners, Mr. Ajit Kumar singh, learned

                   counsel for informant and Mr. Rajendra Nath Jha , learned APP

                   for the State .

                                2. Petitioners apprehend arrest in case registered for

                   the offences punishable under Sections 126 ( 2 ), 115 ( 2 ), 352,

                   118 (1) , 351 ( 2 ), 351 (3) and 3 (5) of BNS and later on

                   sections 190 (1) and 103 (1) of BNS were added.

                                3 . At the outset, Mr. Ajit Kumar singh, learned

                   counsel for informant and Mr. Rajendra Nath Jha, learned APP

                   for the State submitted that petitioners have been declared

                   absconder and process of Section 82 of the Cr.P.C. has been
            Patna High Court CR. MISC. No.89411 of 2025(2) dt.10-02-2026
                                                        2/2




                      initiated against them 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

                      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      T


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