Anticipatory bail plea dismissed as the petitioner was evading process of law and a Section 82 Cr.P.C. proceeding had been initiated against him; following Supreme Court precedent, he was told to appear before the court below to face trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40903 of 2023
Arising Out of PS. Case No.-847 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran
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MANOJ PATEL son of Lalbabu Patel Village- Chhota Bariyarpur PsChhatauni dist-East Champaran
... ... Petitioner
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar, Advocate For the Opposite Party/s : Mr.Atul Chandra, A.P.P. Mr. K.Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 20-08-2024 Heard learned counsel for the parties.
as opposite party no.2 refer to orders of the court below dated 20.6.2024 and point out that the petitioner is not appearing in the court and evading process of law and to ensure his appearance, 82 Cr.P.C. proceeding has been initiated against him. They submit that in such condition, petitioner cannot be granted any relief of anticipatory bail but to present himself before the concerned court to face trial. Reliance is placed to the decision of Hon’ble Supreme Court, rendered in the case of
Prem Shankar Prasad Versus the State Of Bihar & Anr (Criminal Appeal No.1209 of 2021), reported in LL 2021 SC
Patna High Court CR. MISC. No.40903 of 2023(4) dt.20-08-2024 2/2
579.
of the Hon’ble Supreme Court, this bail petition is dismissed.
(Prabhat Kumar Singh, J)
Shashi
U T
1 issue framed by the court
Whether anticipatory bail can be granted to a petitioner evading process of law against whom Section 82 Cr.P.C. proceedings have been initiated.
Colour shows how this judgement treated each authority
Prem Shankar Prasad Versus the State of Bihar & AnrRelied on
Criminal Appeal No.1209 of 2021, reported in LL 2021 SC 579
1 provisions across 1 enactments
Manoj Patel
The State of Bihar
Lalan Raut
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
