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Patna High Court

Nami MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail cannot be granted to persons declared absconders and facing proceedings under Sections 82 and 83 of the Criminal Procedure Code.

Summary

The petitioners, six members of the Mahto family, sought anticipatory bail fearing arrest in a case involving offences under IPC sections 341, 323, 324, 354B, 379, 504 and 506/34. The informant’s counsel informed the court that the petitioners had been declared absconders and that proceedings under Sections 82 and 83 of the Criminal Procedure Code had been initiated to secure their appearance. Relying on precedents that deny anticipatory bail to absconders, the court held that the petitioners were not entitled to such relief. Consequently, the petition for pre‑arrest bail was dismissed as not maintainable. The order was delivered by Justice Prabhat Kumar Singh of the Patna High Court on 22‑06‑2026.

Issues considered

  • Whether anticipatory bail can be granted to persons who have been declared absconders and are subject to proceedings under Sections 82 and 83 of the CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • absconder
  • Section 82 CrPC
  • Section 83 CrPC
  • pre‑arrest bail
  • Criminal Procedure Code
  • Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.955 of 2026
                 Arising Out of PS. Case No.-349 Year-2024 Thana- MAJHAULIA District- West Champaran
                 ======================================================
           1.     Nami Mahto S/O Late Brahmdev Mahto Resident of village- Shyampur,
                  P.S.- Majhauliya, District- West Champaran, Bihar.
           3.    Rupesh Mahto S/O Bhaiya Ram Mahto Resident of village- Shyampur, P.S.-
                 Majhauliya, District- West Champaran, Bihar.
           4.    Sanjay Mahto S/O Gani Mahto Resident of village- Shyampur, P.S.-
                 Majhauliya, District- West Champaran, Bihar.
           5.    Vipin Mahto @ Vipin Kumar S/O Bhaiya Ram Mahto Resident of village-
                 Shyampur, P.S.- Majhauliya, District- West Champaran, Bihar.
           6.    Jhuna Mahto @ Nitesh Mahto S/O Vijay Mahto Resident of village-
                 Shyampur, P.S.- Majhauliya, District- West Champaran, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mayank Mohan, Advocate
                 For the Opposite Party/s :      Mr. Sunil Kumar Pandey, APP
                 For Op2                  :      Mr. Rajeev Ranjan Prasad , Advocate
                                                 Mr. Sachida Nand Rai, Advocate
                                                 Mr. Avinash Raj, Advocate
                                                 Mr. Ram Kishun Prasad, Advocate

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

6   22-06-2026                     Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in case registered for

                   the offences punishable under Sections 341, 323, 324, 354B,

                   379, 504, 506/34 of IPC.

                                3 . At the outset, Mr. Rajeev Ranjan Prasad learned

                   counsel for the informant submitted that petitioners have been
          Patna High Court CR. MISC. No.955 of 2026(6) dt.22-06-2026
                                                      2/2




                    declared absconder and process of Sections 82 and 83 of the

                    Cr.P.C. has been initiated against him to ensure his appearance

                    in the Court as such, petitioners are 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/Alok
Raj-

U     T


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