Supreme Court of India · 2024-03-14
Srikant Upadhyay vs The State Of Bihar
- Citation / case number
- 2024 INSC 202
- Court
- Supreme Court of India
- Petitioner
- Srikant Upadhyay
- Respondent
- The State Of Bihar
- Author
- C.T. Ravikumar
- Bench
- C.T. Ravikumar, Rajesh Bindal
Judgment text excerpt
The Supreme Court upheld the dismissal of anticipatory bail under Section 438 Cr.PC for an accused declared as a proclaimed offender under Section 82 Cr.PC. The Court reiterated that individuals absconding to evade arrest are not entitled to anticipatory bail, referencing precedents such as Prem Shankar Prasad v. State of Bihar and others. The ruling clarifies that the extraordinary relief of anticipatory bail is not applicable when the accused is actively avoiding legal proceedings, thereby affirming the High Court's decision.