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Patna High Court – Orders
Habil Haji @ Habibur Rahman vs The State Of Bihar on 22 July, 2025
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5341 of 2024
Arising Out of PS. Case No.-276 Year-2023 Thana- BAISI District- Purnia
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Habil Haji @ Habibur Rahman S/o- Late Imaj @ Late Imajuddin @ Late
Imazuddin @ late Umazuddin Residents of Jiyagachhi Minapur PS- Baisi
District-Purnea
... ... Appellant/s
Versus
1. The State of Bihar
2. Ghanshyam Bosak S/o- Chhabbi Lal Bosak R/o- Marwa Bangama Ps-baisi
Dist- Purnea
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Md Fazle Karim, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 22-07-2025
Heard learned counsel for the appellant and the State.
2. This criminal appeal has been filed against the
order dated 27.09.2024 passed by learned Special Judge (SC &
ST), Purnea in ABP No. 110 of 2024 in connection with Baisi
P.S. Case No. 276 of 2023, instituted under Sections 147, 148,
341, 323, 427, 447, 354(B), 504, 506 of the Indian Penal Code
and Sections 3(1)(r)(s), 3(i)(w), 3(2)(va) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
whereby the prayer for anticipatory bail of appellant has been
rejected.
3. It is submitted on behalf of the State that appellant
has been declared absconder and process of Section 82 of the
Patna High Court CR. APP (SJ) No.5341 of 2024(3) dt.22-07-2025
2/2
Cr.P.C. has been initiated against him to ensure his appearance
in the Court as such appellant is not entitled to the relief of
anticipatory bail (Lavesh v. State (NCT of Delhi) (2012) 8 SCC
730, State of MP v. Pradeep Sharma (2014) 2 SCC 17, Prem
Shankar Prasad v. State of Bihar 2021 SCC OnLine SC 955).
4. Considering the aforesaid development, appeal for
pre-arrest bail of the appellant is dismissed as not maintainable.
(Prabhat Kumar Singh, J)
Navya/-
U T
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