Md. Adil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75732 of 2018 Arising Out of PS. Case No.-229 Year-2017 Thana- TATARPUR DistrictBhagalpur ====================================================== Md. Adil Son of Late Md. Rehan Resident of Village/Mohalla-Near Jain Petrol Pump, Loolm Gali,Tatarpur, P.S. Tatarpur, Distt.-Bhatalpur ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Swapnil Kumar Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Tatarpur P.S. Case No. 229 of 2017.

3. At the very outset, learned APP submits on the basis of paragraph-25 of the supplementary 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 Apex Court in the case of Lavesh vs. State (NCT of Delhi), (2012) 8

Patna High Court CR. MISC. No.75732 of 2018(3) dt.15-03-2019 2/2 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