The High Court dismissed the petitioner's anticipatory bail application, holding it not maintainable since the petitioner was already on regular bail and had surrendered. The court cited precedent regarding constructive custody upon execution of bail bonds.
The anticipatory bail application was disposed off as not maintainable.
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 JUDICATURE AT PATNA Criminal Miscellaneous No.16809 of 2013
====================================================== Ganesh Rai @ Fagu Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 29-08-2013 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in connection with Doriganj P.S. Case No. 54 of 2008 registered for the offences punishable under Sections 147, 148, 149, 329, 324, 307, 504 and 342 of the Indian Penal Code and Section 27 of the Arms Act pending in the court of learned JM, Saran at Chapra.
It is alleged that this petitioner caused injury with rifle on the left leg of the informant and the co-accused Ranjeet Rai caused injury with country made pistol on the left shoulder of Santosh Rai and the co-accused Satish Rai assaulted the informant with the butt of the country made pistol at the chest and the back. Subhash Rai and Jugeshwar Rai assaulted the informant with lathi and spear.
The petitioner was granted regular bail by learned Additional Sessions Judge, Saran on 07.11.2011 vide ABP No. 1536 of 2008. Subsequently, on the death of the injured on
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21.10.2008, the charge sheet was also submitted under Section 302 of the IPC and consequently cognizance was taken. After cognizance under Section 302 IPC, the petitioner filed anticipatory bail application before learned Sessions Judge, which was dismissed by the impugned order as not maintainable.
In view of this Court, the present anticipatory bail application is not maintainable on two counts:-
i) Firstly, that the petitioner was on bail during investigation and if the FIR was registered for the lesser/minor offences and the chargesheet has been submitted for a graver offence then the petitioner need not take fresh anticipatory bail until his bail bonds are cancelled. ii) Secondly, since the petitioner was granted regular bail by learned court below, the anticipatory bail application of the petitioner is not maintainable in view of the ratio laid down in the case of Bishundeo Sahu Vs. State of Bihar, reported in 2011(1) PLJR, 731 , which clearly lays down that once the accused
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surrenders and executes bail bonds, he comes under the constructive custody of the court and in that circumstances subsequently anticipatory bail application of such accused is not maintainable.
Accordingly, the application is disposed off. However, the present order will not preclude the learned court below to cancel the bail bonds of the petitioner within the parameters of cancellation of bail.
Let the order be transmitted to the learned court below through fax at the cost of the petitioner.
(Dinesh Kumar Singh, J)
Amrendra/-
3 issues framed by the court
Whether an anticipatory bail application is maintainable when the petitioner is already on regular bail.
Whether the anticipatory bail application is maintainable after the charge sheet was submitted for a graver offence.
Whether the High Court should allow the anticipatory bail application or dispose it off.
Colour shows how this judgement treated each authority
Bishundeo Sahu Vs. State of BiharApplied¶9
Bishundeo Sahu Vs. State of Bihar, reported in 2011(1) PLJR, 731
Ganesh Rai @ Fagu Rai
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
