In this case Prem Shankar Prasad vs the State of Bihar, 2021 the trial court denied the anticipatory bail to the accused as the proceeding under section 82 and 83 of CPRC was initiated against the accused and he also has been declared as Proclaimed Offender by the court.
The accused against this order of trial court appealed before the high court. The high court granted the relief of anticipatory bail to the accused.
Against this order of High court, the state appealed before the apex court. The state cited the observation made by the honorable court in state of Madhya Pradesh vs Pradeep Sharma, 2014. The court observed in this judgment was that the person against whom the proceeding under section 82 and 83 of CRPC initiated, then he cannot get anticipatory bail from the court.
The court in the present case said that the high court ignored to observe section 82 and 83 of CRPC and only observed the phrase ‘be that as it may’.
The court before granting such relief must observe the nature of the allegation and accusation.
The court held that proclaimed offender is not entitled to anticipatory bail and allowed the appeal.