The Patna High Court dismissed the anticipatory bail petition as not maintainable. The court held that because the petitioner was declared an absconder and proclaimed offender under Section 82 Cr.P.C., he is not entitled to anticipatory bail, relying on apex court precedents.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11056 of 2019
Arising Out of PS. Case No.-84 Year-2018 Thana- KINJAR District- Jehanabad
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Rahul Singh, aged about 28 years, Male, Son of Late Sidhnath Yadav, Resident of Village-Sardha Chapra, P.O.-Saidabad, P.S.- Kanpa Ranitalab, District Patna
... ... Petitioner
Versus
... ... Opposite Parties
====================================================== Appearance : For the Petitioner : Mr. Praveen Kumar, Advocate For the State : Mr. J.K. Singh, APP For the Informant : Mr. Nitya Nand Neeraj, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
3 26-04-2019
Heard learned counsel for the petitioner and learned APP for the State.
Patna High Court CR. MISC. No.11056 of 2019(3) dt.26-04-2019 2/2
“12. From these materials and information, it is clear that the present appellant was not available for interrogation and investigation and declared as “absconder”. Normally, when the accused is “absconding” and declared as a “proclaimed offender”, there is no question of granting anticipatory bail. We reiterate that when a person against whom a warrant had been issued and is absconding or concealing himself in order to avoid execution of warrant and declared as a proclaimed offender in terms of Section 82 of the Code is not entitled the relief of anticipatory bail.”
(Vikash Jain, J)
BT/-
U T
2 issues framed by the court
Whether an anticipatory bail petition is maintainable when the accused has been declared an absconder and proclaimed offender under Section 82 Cr.P.C.
Whether the petitioner is entitled to relief of anticipatory bail after being declared an absconder.
Colour shows how this judgement treated each authority
Lavesh vs. State (NCT of Delhi)Applied¶17
Lavesh vs. State (NCT of Delhi), (2012) 8 SCC 730 · Who else cites this
State of M.P. vs. Pradeep KumarApplied¶20
State of M.P. vs. Pradeep Kumar, (2014) 2 SCC 171 · Who else cites this
Rahul Singh
The State of Bihar
Shiyajanki Devi
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
