The Patna High Court dismissed a civil anticipatory bail petition filed by the petitioners who were declared absconders in PS Case No.190 of 2018. Relying on Supreme Court precedents, the court held that anticipatory bail is not maintainable when an accused is proclaimed as an absconder under Section 82 CrPC.
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.6265 of 2019
Arising Out of PS. Case No.-190 Year-2018 Thana- CHERIYA BARIYARPUR DistrictBegusarai
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... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioners : Mr. Ygoesh Chandra Verma, Sr. Advocate Mr. Saroj Kumar Sharma Mrs. Ranjana Srivastava Ms. Kiran Kumari Sharma, Advocates For the State : Mr. Aditya Narayan Singh.1, APP For the Informant : Mr. Shubhesh Pandey, Mr. Neeraj Kr. Painali, Advocates
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
4 13-03-2019
Patna High Court CR. MISC. No.6265 of 2019(4) dt.13-03-2019 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.”
BT/-
U T
2 issues framed by the court
Whether anticipatory bail can be granted to accused declared as absconders under Section 82 CrPC.
Whether anticipatory bail petition is maintainable when process under Section 82 CrPC has concluded.
Colour shows how this judgement treated each authority
Lavesh vs. State (NCT of Delhi)Relied on¶4
Lavesh vs. State (NCT of Delhi), (2012) 8 SCC 730 · Who else cites this
State of M.P. vs. Pradeep KumarRelied on¶5
State of M.P. vs. Pradeep Kumar, (2014) 2 SCC 171 · Who else cites this
Md. Snaullah and Md. Jiyaulah and Md. Gyasuddin
The State of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
