Patna High Court
Shiv Kumar Ram @ Shiv KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
A declared absconder is not entitled to anticipatory bail, rendering the petition for pre‑arrest bail non‑maintainable.
Summary
The petitioner, Shiv Kumar, sought pre‑arrest (anticipatory) bail after being declared an absconder in a case involving multiple offences under the Bhartiya Nyaya Sanhita, 2023, arising from a violent incident that led to the death of an informant's husband. The State argued that Section 82 of the Criminal Procedure Code had been invoked to secure his appearance, rendering him ineligible for anticipatory bail, citing precedents that absconders cannot claim such relief. The court examined whether the petitioner’s status as an absconder barred him from obtaining anticipatory bail. Relying on the cited case law, the court held that the petition was not maintainable. Consequently, the petition for pre‑arrest bail was dismissed.
Issues considered
- Whether a person declared an absconder under Section 82 Cr.P.C. is entitled to anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 82
Subjects
- anticipatory bail
- absconder
- pre‑arrest bail
- Section 82 CrPC
- Bhartiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89711 of 2025
Arising Out of PS. Case No.-334 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Shiv Kumar Ram @ Shiv Kumar S/o Lalbabu Ram @ Rajkumar Ram
Resident of - Ward no. 12, Village - Chailahan Tal, Post - Chailahan, P.S -
Banjaria, District - East Champaran at Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhiraj Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence under Sections 191(2), 191(3), 190, 126(2),
115(2), 118(1), 109, 103(1), 352, 351(2) of the Bhartiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, on 17.06.2025, all the
accused persons named in the F.I.R. including petitioner along
with 60-70 unknown persons came at the door of informant and
started abusing and on protest, they assaulted husband of
informant and other family members and later, husband of
informant died.
4. At the outset, learned APP appearing on behalf of
Patna High Court CR. MISC. No.89711 of 2025(2) dt.10-02-2026
2/2
State 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 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).
5. Considering the aforesaid development, petition for
pre-arrest bail of petitioner is dismissed as not maintainable .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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