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Patna High Court

Shiv Kumar Ram @ Shiv KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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