The High Court of Jharkhand dismissed an anticipatory bail application as infructuous. Counsel submitted that a process under Section 82 Cr.P.C had already been issued and a separate criminal miscellaneous petition was pending for its quashing.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 9856 of 2022
Akash Kumar Singh …... …. Petitioner Versus The State of Jharkhand .…. …. Opp. Party
Versus The State of Jharkhand .…. -------- CORAM : THE HON’BLE MR. JUSTICE AMBUJ NATH -------For the Petitioner : Mr. A. S. Dayal, Advocate For the State : Mr. Tapas Roy, A.P.P For the Informant : Mr. Vimlesh Kumar, Advocate --------
CORAM : THE HON’BLE MR. JUSTICE AMBUJ NATH
02/ Dated 12.12.2022
Learned counsel appearing for the petitioner has very fairly submitted that process under Section 82 Cr.P.C has been issued and as such, this application has become infructuous.
It was further submitted that Cr.M.P has been preferred by this petitioner for quashing of the issuance of process under Section 82 Cr.P.C and if the said Cr.M.P filed by the petitioner is allowed, he may be permitted to file fresh anticipatory bail application.
The option for filing of fresh anticipatory bail application is always for the petitioner, if the order for issuance of process under Section 82 Cr.P.C is quashed.
This application is accordingly, dismissed as being infructuous.
(Ambuj Nath, J.)
BS/
2 issues framed by the court
Whether the anticipatory bail application is maintainable when a process under Section 82 Cr.P.C has already been issued against the petitioner.
Whether the petitioner is entitled to file a fresh anticipatory bail application upon potential quashing of the Section 82 Cr.P.C process by a separate Cr.M.P.
1 provisions across 1 enactments
Akash Kumar Singh
State of Jharkhand
Ambuj Nath
As recorded by the court registry
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