Rustam Ali @ Rustam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63449 of 2025 Arising Out of PS. Case No.-6 Year-2021 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Rustam Ali @ Rustam Son of Sk. Abdulbari @ Abdul Bari Resident of village - Bherihari Gauripur, P.S.- Purshottampur, District - West Champaran at Bettiah.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. S.B.K.Mangalam, Adv. with Mr. Awnish Kumar, Mr. Viksh Kr. & Mr. Rishi Raj For the State :

Mr. Ganesh Prasad Singh, APP For the Informant :

Mr. Kundan Kr. Ojha & Mr. Navneep Prabhakar.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in a complaint case punishable for offence under Sections 366/34 of the Indian Penal Code.

3. From perusal of impugned order dated 28.06.2025, it appears that process under Section 83 of the Cr.P.C. has already been issued against this petitioner, as he never appeared before the trial court, and as such, this anticipatory bail application is not maintainable, in view of several decisions of the Supreme Court, rendered in the case of (i) Lavesh v. State (NCT of Delhi), reported in (2012) 8 S.C.C. 730, (ii) State of

Patna High Court CR. MISC. No.63449 of 2025(2) dt.15-09-2025 2/2 MP v. Pradeep Sharma, reported in (2014) 2 S.C.C. 17, and (iii) Prem Shankar Prasad v. State of Bihar, reported in 2021 SCC Online SC 955.

4. Considering the same, the application, filed for grant of anticipatory bail to petitioner, stands dismissed. (Prabhat Kumar Singh, J) anay U T