The High Court dismissed the petitioner's anticipatory bail petition as not maintainable. Relying on Supreme Court precedents, the Court held that a person declared an absconder under Section 82 Cr.P.C. is not entitled to anticipatory bail.
The anticipatory bail petition is dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38127 of 2019
Arising Out of PS. Case No.-258 Year-2018 Thana- DURAULI District- Siwan
======================================================
Dhanoj Pandey @ Dhanoj Kumar Pandey male aged about 29 years Son of Late Saral Pandey (Now dead) Resident of Village - Nepura, P.S.- Darauli, District- Siwan
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Chandra Kant, Advocate For the Opposite Party : Mr. Jitendra Kr. Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
2 26-06-2019
Heard learned counsel for the petitioner and learned APP for the State.
Patna High Court CR. MISC. No.38127 of 2019(2) dt.26-06-2019
2/2
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.”
Pradeep Kumar , (2014) 2 SCC 171.
maintainable.
(Vikash Jain, J)
BT/-
U T
2 issues framed by the court
Whether an anticipatory bail petition is maintainable when the petitioner has been declared an absconder under Section 82 Cr.P.C.
Whether a proclaimed offender is entitled to the relief of anticipatory bail.
Colour shows how this judgement treated each authority
Lavesh vs. State (NCT of Delhi)Applied¶13
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
3 provisions across 3 enactments
Dhanoj Pandey @ Dhanoj Kumar Pandey
The State of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
