Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41955 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -AKBARPUR District- NAWADA ======================================================

1. Rajiv Kumar, Son of Sri Abhiram Singh, Resident of Village- Nimi, Police Station- Sheikhopur Sarai, District- Sheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prasoon Sinha For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-11-2016 In the State of Madhya Pradesh Vs. Pradeep Sharma reported in 2014(2) SCC 171, the Apex Court of this country has already held that an absconder does not claim the privilege of anticipatory bail.

It is an admitted position that the petitioner has already been declared absconder and processes against him has already been issued.

Therefore, in the aforesaid circumstances, this anticipatory bail petition stands dismissed being not maintainable. However, this order shall not cause any prejudice to the competent court and if, the petitioner surrenders before the court below within four weeks from the date of receipt/production of copy of this order, the learned Chief Judicial

Patna High Court Cr.Misc. No.41955 of 2016 (5) dt.28-11-2016 2/2 Magistrate/concerned court, Nawada shall dispose off the regular bail application of the petitioner on the day of his surrender itself if, the same is filed and, if after that, any prayer for regular bail is made out before the learned Sessions Judge, the same shall be considered by the concerned court on its own merit. (Hemant Kumar Srivastava, J) A.K.V./- U T