Dismissed¶18

Rajeev Nayan v. The State Of Bihar

Patna HC9 Jan 2025CR. MISC./41616/2024

Case brief

AI extract

What is this about?

anticipatory bail; pre-arrest bail; evasion of court process; requisition under Sections 82/83 Cr.P.C.; absconding accused; Prem Shankar Prasad v. State of Bihar (LL 2021 SC 579); PS Case No. 967 of 2022; Gaya complaint case; Patna High Court CRIMINAL MISCELLANEOUS No.41616 of 2024; dismissed.

What did the court decide?

In view of the petitioners' evasion of the court process, the police requisition under Sections 82/83 Cr.P.C. pending in the Court below, and the judgment of the Hon'ble Supreme Court in Prem Shankar Prasad, the application seeking pre-arrest bail is dismissed. ¶18

Rajeev Nayan Vs The State Of Bihar — Patna HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41616 of 2024

¶2

Arising Out of PS. Case No.-967 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya

¶3

======================================================

¶4

Rajeev Nayan Son of Rajendra Prasad R/O Old Devi Mandir, Uta More, P.O. and P.S.- Jehanabad, Dist.- Jehanabad, Bihar. Pin-804417

¶5

Rajendra Prasad Son of Late Ram Chandra Prasad R/O Old Devi Mandir, Uta More, P.O. and P.S.- Jehanabad, Dist.- Jehanabad, Bihar. Pin-804417

¶6

Sunaina Devi Wife of Rajeev Nayan R/O Old Devi Mandir, Uta More, P.O. and P.S.- Jehanabad, Dist.- Jehanabad, Bihar. Pin-804417

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... ... Petitioners

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Versus

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The State Of Bihar

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Avinash Arun Son of Late Anil Prasad R/O Vill.- Pachhati, P.O. and P.S.Bodh Gaya, Dist.- Gaya

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... ... Opposite Party/s

¶12

====================================================== Appearance : For the Petitioner/s : Mr.Ramakant Ram, Advocate For the Opposite Party/s : Mr.Madan Kumar, A.P.P. Mr. P.Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 09-01-2025 Heard learned counsel for the parties.

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At the outset, learned counsel for the State as well

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as opposite party no.2, point out that the petitioners are evading process of court and to ensure their appearance, police has filed requisition in the Court below under sections 82/83 Cr.P.C. They submit that in such condition, petitioners cannot be granted any relief of anticipatory bail but have to present themselves before the concerned court to face trial. Reliance is placed to the decision of Hon’ble Supreme Court, rendered in the case of

¶16

Patna High Court CR. MISC. No.41616 of 2024(4) dt.09-01-2025 2/2

¶17

Prem Shankar Prasad Versus the State Of Bihar & Anr (Criminal Appeal No.1209 of 2021), reported in LL 2021 SC 579.

¶18

In view of the aforesaid development and judgment of the Hon’ble Supreme Court, this appeal seeking pre-arrest bail of petitioners, is dismissed.

¶19

(Prabhat Kumar Singh, J)

¶20

shashi/-

¶21

U T

Rajeev Nayan v. The State Of Bihar

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Rajeev Nayan v. The State Of Bihar

Case brief

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