Petitioner filed anticipatory bail petition fearing arrest under Section 409 IPC. Court held petition not maintainable as process under Section 82 Cr.P.C. concluded and accused deemed proclaimed offender.
Anticipatory bail petition dismissed as not maintainable; petitioner permitted to surrender and seek regular bail before trial Court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24276 of 2019
Arising Out of PS. Case No.-99 Year-2006 Thana- BEGUSARAI TOWN District- Begusarai
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SHIV NANDAN RAM, aged about 65 years, male, Son of Late Bateshwar Ram Resident of Village - Piprahi, P.S.- Ghailadh, District - Madhepura.
... ... Petitioner
Versus
... ... Opposite Parties
====================================================== Appearance : For the Petitioner : Mr. Bidhan Chandra Jha, Advocate. For the BSFC : Mr. Shailendra Kumar Singh, Advocate. For the State : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
4 22-07-2019
Heard learned counsel for the petitioner and learned APP for the State.
Patna High Court CR. MISC. No.24276 of 2019(4) dt.22-07-2019 2/2
Apex Court in the case of Lavesh vs. State (NCT of Delhi), (2012) 8 SCC 730, in para 12 whereof it has been observed as follows -
“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)
Ibrar//-
U T
1 issue framed by the court
Whether an anticipatory bail petition is maintainable when the process under Section 82 Cr.P.C. has already been concluded against the accused.
Colour shows how this judgement treated each authority
Lavesh vs. State (NCT of Delhi)Explained¶17
Lavesh vs. State (NCT of Delhi), (2012) 8 SCC 730 · Who else cites this
State of M.P. vs. Pradeep KumarReferred¶19
State of M.P. vs. Pradeep Kumar, (2014) 2 SCC 171 · Who else cites this
Shiv Nandan Ram
State of Bihar
Bihar State Food Corporation
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
