[2026:JHHC:18078] 1 Cr. M.P. No.1725 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1725 of 2026 ------ Chiranjiv Majumdar @ Santosh, Aged about 45 years, Son of Chittaranjan Majumdar, Resident of: N.S. Colony, Sahebganj, Post Office- Sahebganj, Police Station: Sahebganj, District- Sahebganj, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Rajan Kumar Singh, Advocate For the State : Mr. Shailesh Kr. Sinha, Addl.P.P. ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with the prayer to quash the order dated 03.02.2026 passed in Sahibganj Town P.S. Case No. 56 of 2025 by the learned Chief Judicial Magistrate, Sahibganj whereby and where under the proclamation under Section 82 of the Code of Criminal Procedure has been issued against the petitioner. 3. The brief fact of the case is that on 03.02.2026 in Sahibganj Town P.S. Case No. 56 of 2025, the Investigating Officer of the case filed an application for issuance of the proclamation under Section 82 of the Code of Criminal Procedure. From the materials produced before the learned Chief Judicial Magistrate, Sahibganj, the learned Chief Judicial [2026:JHHC:18078] 2 Cr. M.P. No.1725 of 2026 Magistrate, Sahibganj had the reason to believe that the accused was absconding or concealing himself so that warrant cannot be executed and on being so satisfied, directed to issue the proclamation under Section 82 of the Code of Criminal Procedure fixing 10:30 AM on 17.03.2026 for appearance of the petitioner in the court concerned. It is next submitted that the petitioner has no knowledge about warrant of arrest and during the pendency of anticipatory bail application in the High Court, the proclamation under Section 82 of the Code of Criminal Procedure has been issued. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed. 4. Learned Additional Public Prosecutor appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in this Criminal Miscellaneous Petition and submits that it is a settled principle of law that filing of anticipatory bail through an Advocate would not and could not be treated as appearance of a person before the trial court; so, as the petitioner was absconding from his house when police raided his house to execute the non-bailable warrant of arrest, hence, there is no illegality in the impugned order. Hence, it is submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed. 5. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that it is a settled principle of law as has been reiterated by the Hon’ble Supreme Court of India in the case of Srikant [2026:JHHC:18078] 3 Cr. M.P. No.1725 of 2026 Upadhyay & Others vs. State of Bihar & Another reported in 2024 SCC OnLine SC 282 that filing of an anticipatory bail through an advocate would not and could not inter alia be treated as appearance of a person before the trial court. So, merely filing the anticipatory bail application does not debar the trial court to issue the proclamation under Section 82 of the Code of Criminal Procedure; if otherwise the ingredients for issuing the same exists, in a particular case. From the impugned order, it is crystal clear that the learned Chief Judicial Magistrate, Sahibganj after being satisfied that the petitioner is absconding or concealing himself to evade the execution of warrant, has directed for issuance of the proclamation under Section 82 of the Code of Criminal Procedure fixing the place and time for appearance of the petitioner. 6. Under such circumstances, this Court do not find any illegality in the impugned order dated 03.02.2026 passed in Sahibganj Town P.S. Case No. 56 of 2025 by the learned Chief Judicial Magistrate, Sahibganj, warranting interference of this Court in exercise of its power under Section 528 of the B.N.S.S., 2023. 7. Accordingly, this Criminal Miscellaneous Petition, being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 19th of June, 2026 AFR/ Saroj Uploaded on 23/06/2026