Pankaj Kumar vs The State Of Bihar on 27 July, 2026

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    Patna High Court – Orders

    Pankaj Kumar vs The State Of Bihar on 27 July, 2026

    Author: Harish Kumar

    Bench: Harish Kumar

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.36088 of 2026
                       Arising Out of PS. Case No.-100 Year-2021 Thana- MUSAHARI District- Muzaffarpur
                     ======================================================
               1.     Pankaj Kumar S/o Wakil Thakur Residents of village- Jhikti, P.S.- Kurhani,
                      District- Muzaffarpur
               2.    Ankaj Kumar S/o Wakil Thakur Residents of village- Jhikti, P.S.- Kurhani,
                     District- Muzaffarpur
               3.    Pappu Kumar S/o Wakil Thakur Residents of village- Jhikti, P.S.- Kurhani,
                     District- Muzaffarpur
    
                                                                                     ... ... Petitioner/s
                                                          Versus
                     The State of Bihar
    
                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :      Mr. Sanjay Kumar Verma, Adv.
                     For the Opposite Party/s :      Mr. M.K. Nirala, APP
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                           ORAL ORDER
    
    4   27-07-2026

    Heard Mr. Sanjay Kumar Verma, learned Advocate

    for the petitioners and Mr. M.K. Nirala, learned Additional

    SPONSORED

    Public Prosecutor for the State.

    2. The petitioners are apprehending their arrest in

    connection with Mushahari P.S. Case No. 100 of 2021,

    registered for the offences punishable under Sections 147, 149,

    341, 323, 452, 307 & 302 of the Indian Penal Code.

    3. Allegedly on the fateful day, i.e. on 02.06.2021, the

    informant’s son Pankaj Kumar had a fight with one Sanjay

    Kumar and thereafter all the named accused persons in the FIR,

    hatching a conspiracy barged into the house of the informant
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    and brutally assaulted her son due to which, the informant’s son

    sustained serious injuries and subsequently, he was taken to

    hospital where the Doctor declared him dead.

    4. Learned Advocate for the petitioners submitted that

    from the FIR, it is evident that these petitioners neither entered

    into the house of the informant nor they were attributed any

    specific role leading to any injury to the accused. The falsity of

    the case is also evident that so far petitioner no. 1 Pankaj Kumar

    is concerned, his marriage was solemnized on 31.05.2021 and

    all these petitioners were engaged in attending marriage rituals

    and thus the possibility of their presence even at the place of

    crime is completely ruled out. The alleged occurrence took

    place in the fateful night of 02.06.2021, but the present FIR

    came to be instituted on 07.06.2021 and, as such, false

    implication and exaggeration cannot be ruled out. The name of

    the petitioners were implicated only on account of they being

    relatives of some of the accused persons that too in order to

    wreck vengeance and mount pressure. However, good sense

    prevailed over the informant, who herself filed an application

    before the learned trial Court stating therein that these

    petitioners were not involved in the incidence and so she does

    not want to pursue the matter against the petitioners. The copy
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    of the aforesaid application has also been placed on record as

    Annexure- P/3.

    5. Learned Advocate for the petitioners further

    contended that since the petitioners were residing outside and

    thus, they were not conversant with the institution of the present

    case and accordingly the delay has occurred and, in the

    meantime, the process under Sections 82 and 83 of the Cr.P.C.

    has been executed.

    6. Referring to a decision passed by the Hon’ble

    Supreme Court in the case of Asha Dubey Vs. The State of

    Madhya Pradesh : MANU/SCOR/124926/2024, it is submitted

    that whenever the liberty of the accused is pitted against, the

    Court will have to see the circumstances of the case, nature of

    the offence and the background based on which such a

    proclamation was issued. It is not as if in all cases that there will

    be a total embargo on considering the application for grant of

    anticipatory bail.

    7. Reliance has also been placed on a decision passed

    by the Hon’ble Supreme Court in the case of Saikat Sen Gupta

    & Ors Vs. The State of Bihar (Special Leave to Appeal (Crl.)

    No(s) 3786 of 2026), wherein, when this Court has negated the

    prayer for anticipatory bail of the petitioners, the Hon’ble
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    Supreme Court taking note of the materials available on record

    directed the petitioners to appear before the investigation officer

    and later on, on being found that the petitioners have been able

    to make out a case for grant of anticipatory bail, allowed the

    same with a direction that the petitioners shall continue to co-

    operate with the investigation.

    8. On the other hand, learned Advocate for the State

    opposed the pre-arrest bail application and submitted that the

    facts are admitted to the extent that occurrence took place on

    02.06.2021 and even as per the admission of the petitioners they

    were engaged in marriage and thus all of them were present in

    the village itself and, as such, the contention of the petitioners’

    that they were not acquainted with the factum of incidence is

    highly doubtful.

    9. During the interregnum period, all the accused

    persons including the female accused persons, they have

    surrendered and extended the benefit of regular bail, but the

    petitioners were all along evading the arrest and, as such, they

    do not deserve the privilege of anticipatory bail. So far the

    application filed by the informant is concerned the same has

    been filed when the process of Sections 82 and 83 of the Cr.P.C.

    has already been executed, all the more the FIR has been
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    instituted under Section 302 and other allied Sections of the IPC

    and, as such, not compoundable.

    10. This Court has considered the submissions

    advanced on behalf of the respective parties and taken note of

    the materials available on record. There is no dispute with

    regard to the settled position of law that despite the issuance of

    process under Sections 82 and 83 of the Cr.P.C., there is no

    complete embargo in considering the application for

    anticipatory bail, if the applicant(s) is/are able to make out a

    case, extraordinary in nature.

    11. Right from inception in the case of Lavesh Vs.

    State (NCT of DELHI) : (2012) 8 SCC 730, the Hon’ble

    Supreme Court ruled that when an accused is absconding and

    declared as proclaim offender, there is no question of granting

    anticipatory bail. The Court further reiterated that when a person

    against whom, warrant has 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

    Cr.P.C. is not entitled the relief of anticipatory bail.

    12. Similar view was taken in the case of Prem

    Shankar Prasad Vs. State of Bihar : (2021) SCC OnLine SC

    955, wherein the Hon’ble Supreme Court observed in para. 19
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    and 20, which are as follows:

    “19. Despite the above observations
    on merits and despite the fact that it was brought
    to the notice of the High Court that Respondent
    2-accused is absconding and even the
    proceedings under Sections 82/83 CrPC have
    been initiated as far back as on 10-1-2019, the
    High Court has just ignored the aforesaid
    relevant aspects and has granted anticipatory
    bail to Respondent 2-accused by observing that
    the nature of accusation is arising out of a
    business transaction. The specific allegations of
    cheating, etc. which came to be considered by
    the learned Additional Sessions Judge has not at
    all been considered by the High Court. Even the
    High Court has just ignored the factum of
    initiation of proceedings under Sections
    82
    /83CrPC by simply observing that “be that as
    it may”. The aforesaid relevant aspect on grant
    of anticipatory bail ought not to have been
    ignored by the High Court and ought to have
    been considered by the High Court very
    seriously and not casually.

    20. In State of M.P. v. Pradeep
    Sharma
    , (2014) 2 SCC 171, it is observed and
    held by this Court that if anyone is declared as
    an absconder/proclaimed offender in terms of
    Section 82CrPC, he is not entitled to relief of
    anticipatory bail….

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    13. The identical issue has also come up for

    consideration in the case of Abhishek Vs. State of Maharashtra

    and Ors. : (2022) 8 SCC 282 wherein the Hon’ble Supreme

    Court has said that whosoever is declared as an “absconder” and

    remains out of reach of the investigating agency and thereby

    stands directly at conflict with law, ordinarily, deserves no

    concession or indulgence. Further in case of State of Haryana

    Vs. Dharamraj : (2023) 17 SCC 510, the similar

    pronouncement was made by the Hon’ble Supreme Court, where

    the Court reinforced the aforesaid mandate, however, it is

    crystallized that in an exceptional and rare case, this Court or

    the High Court can consider a plea seeking anticipatory bail,

    despite the applicant being a proclaimed offender being

    constitutional courts. The case of Asha Dubey (supra) has

    already been dealt with earlier, that there will not be total

    embargo to consider the pre-arrest bail, even after issuance of

    process up 82 and 83 Cr.P.C.

    14. In the light of the aforesaid proposition of law,

    now coming to the facts of the case. It is admitted that the

    occurrence took place on 02.06.2021 and altogether twelve

    persons, including the petitioners, have been made accused with

    an allegation of participation in causing the death of the
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    informant’s son. All the other accused persons have surrendered

    and granted regular bail. So far the petitioners are concerned,

    the process under Section 82 Cr.P.C. was issued and later on 83

    Cr.P.C. has also been executed. The property of the petitioners,

    as it appears from the record, were duly attached and subsequent

    thereto, they have approached the court below for grant of

    anticipatory bail, however, which was turned down.

    15. The reliance of the petitioners in the case of

    Saikat Sen Gupta (supra) with utmost regard is not applicable

    as the case was with respect to an offence in the nature of

    Criminal breach of trust and cheating and the First Information

    Report was instituted in the year 2024, whereas in the case at

    hand, the FIR was instituted long back in the year 2021, in

    connection with a case of murder of an young boy, nonetheless

    the petitioners remained absconded for more than five years and

    subsequently, the process of attachment has also been executed.

    16. Considering the aforesaid facts, this Court is not

    acceded to the prayer for anticipatory bail of the petitioners,

    accordingly the same stands rejected.

    17. However, it is observed that, if the petitioners

    surrender before court below, preferably within a period of four

    weeks from today, their prayer for bail shall be considered
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    without being prejudiced by the order of this Court.

    (Harish Kumar, J)
    sumit/-

    U         T
     



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