The High Court of Jharkhand examined an anticipatory bail application. Relying on a Supreme Court judgment, the Court held that such applications are not maintainable and dismissed the plea.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 312 of 2018 Shashi Bhushan Prasad …… Petitioner Versus The State of Jharkhand …… Opposite Party
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner :Mr. Ajit Kumar, Advocate For the State :A.P.P. For the Informant: Mr. Ritesh Singh, Advocate Mr. Amit Kumar, Advocate
03/Dated: 01/10/2018
Petitioner is apprehending his arrest in connection with Adityapur P.S. Case No. 188 of 2017, corresponding to G.R. No. 685 of 2017 for the offence under sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.
Learned counsel for the O.P. No. 2 has filed counter-affidavit and has submitted that process of 82 Cr.P.C has been issued against the petitioner on 08.02.2018.
It appears that this anticipatory bail application has been filed on 17.01.2018 and interim protection was granted on 09.02.2018.
In view of the Judgement of the Hon’ble Supreme Court in the case of “Lavesh Vs. State (N.C.T of Delhi), reported in (2012) 8 SCC 730 , this anticipatory bail application is dismissed as not maintainable.
Satyarthi/-
(Anant Bijay Singh, J.)
1 issue framed by the court
Whether the anticipatory bail application filed under Section 438 Cr.P.C. is maintainable.
Colour shows how this judgement treated each authority
Lavesh Vs. State (N.C.T of Delhi)Applied¶8
Lavesh Vs. State (N.C.T of Delhi), reported in (2012) 8 SCC 730 · Who else cites this
Shashi Bhushan Prasad
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
