Patna High Court dismissed an anticipatory bail petition as not maintainable, relying on apex court precedents that such relief is unavailable when investigation phases regarding absconding are complete.
Petition dismissed as not maintainable; leave given to seek regular bail upon surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67271 of 2018
Arising Out of PS. Case No.-44 Year-2018 Thana- SIMRI DistrictDarbhanga
======================================================
... ... Petitioners
Versus
The State Of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioners : Mr. Alok Kumar Alok, Advocate. For the Opposite Party: APP
====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
4 26-02-2019
APP for the State.
Patna High Court CR. MISC. No.67271 of 2018(4) dt.26-02-2019 2/2
petition cannot be entertained in view of the observations of the 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 proclaimed offender in terms of Section 82 of the Code is not entitled the relief of anticipatory bail.”
Ibrar/Chandran
2 issues framed by the court
Whether an anticipatory bail petition is maintainable when prosecution processes under Cr. P.C. Sections 82 and 83 have already been concluded.
Whether a person declared an absconder and proclaimed under Cr. P.C. is entitled to anticipatory bail.
Colour shows how this judgement treated each authority
Lavesh Vs. State (NCT of Delhi)Explained¶20
Lavesh Vs. State (NCT of Delhi), (2012) 8 SCC 730 · Who else cites this
State of M.P. vs. Pradeep KumarRelied on¶22
State of M.P. vs. Pradeep Kumar, (2014) 2 SCC 171 · Who else cites this
Asha Devi
Mahendra Roy @ Matheran Roy
The State Of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
