Shiv Nandan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24276 of 2019 Arising Out of PS. Case No.-99 Year-2006 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== SHIV NANDAN RAM, aged about 65 years, male, Son of Late Bateshwar Ram Resident of Village - Piprahi, P.S.- Ghailadh, District - Madhepura. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Bihar State Food Corporation through its District Manager, Begusarai Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Bidhan Chandra Jha, Advocate.

For the BSFC :

Mr. Shailendra Kumar Singh, Advocate.

For the State : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 409 of the Indian Penal Code registered in connection with Begusarai Town P.S. Case No. 99 of 2006.

3. At the very outset, learned APP submits on the basis of paragraph-206 of the case diary that process under Section 82 Cr. P.C. has already been concluded against the petitioner and as such the anticipatory bail petition is not maintainable.

4. In the above view of the matter, the anticipatory bail petition cannot be entertained in view of the observations of the

Patna High Court CR. MISC. No.24276 of 2019(4) dt.22-07-2019 2/2 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 a proclaimed offender in terms of Section 82 of the Code is not entitled the relief of anticipatory bail."

5. Similar view has been expressed in State of M.P. vs. Pradeep Kumar, (2014) 2 SCC 171.

6. The anticipatory bail petition stands dismissed as not maintainable.

7. If the petitioner surrenders and seeks regular bail before the learned trial Court the same shall be considered on its own merits in accordance with law and without being prejudiced by any observation in the present order.

(Vikash Jain, J) Ibrar//- U T