Patna High Court
Nami MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
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
- Criminal Procedure Code — s. 82, 83
- Indian Penal Code — s. 323, 324, 341, 354B, 379, 504, 506/34
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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