Om Prakash Singh @ Omprakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67494 of 2019 Arising Out of PS. Case No.-304 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== OM PRAKASH SINGH @ OMPRAKASH SINGH Son of Late Lal Bahadur Singh @ Lal Babu Singh Resident of Village-Bishunpura, P.S.-Bihta, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandeshwar Prasad Singh Son of Late Dindayal Singh @ Din Dayal Singh Resident of Village-Bishunpura, P.S.-Bihta, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 420 of the Indian Penal Code registered in connection with Complaint Case No. 304 (C) of 2017.

3. At the very outset, learned APP invites reference to the order of the learned Additional Sessions Judge-V, Danapur dated 01.05.2019 in which it has been noted that process under Section 82 Cr. P.C. has already been issued against the petitioner and as such the anticipatory bail petition is not maintainable. The aforesaid fact has not been disputed by the petitioner.

4. In the above view of the matter, the

Patna High Court CR. MISC. No.67494 of 2019(2) dt.07-11-2019 2/3 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) 8SCC 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 to the relief of anticipatory bail."

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

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

Patna High Court CR. MISC. No.67494 of 2019(2) dt.07-11-2019 3/3

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) HR/- U T