Shankar Prasad v. The State Of Bihar
Case brief
What is this about?
U.A.P. Act allegations alone did not attract the N.I.A. Act's special procedure. The Full Bench rejected the contrary precedent, directed affected Sessions cases to competent ordinary courts, and ordered the appeals to be treated as regular bail applications before Single Judges.
What did the court decide?
Appeals converted to Section 439 bail applications before Single Judges; Bihar cases assigned to Sessions Courts under Aasif transferred to otherwise competent courts, preserving prior steps.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (FB) No.149 of 2015
| Arising Out of PS.Case No. -299 Year- 2013 Thana -KHARAGPUR District- MUNGER ====================================================== |
|---|
| Bahadur Kora, son of Late Chutter Kora, resident of Village- Naya Bhagel, Police Station- Kharagpur, District- Munger .... .... Appellant Versus The State of Bihar .... .... Respondent ====================================================== |
with Criminal Appeal (FB) No.150 of 2015 Arising Out of PS.Case No. -40 Year- 2014 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== |
Pravesh Kumar Mishra @ Pravesh Mishra, Son of late Tarkeshwar Mishra, resident of village+post-Kasma, Police Station- Kasma, District- Aurangabad. .... .... Appellant Versus The State of Bihar .... .... Respondent ====================================================== |
with Criminal Appeal (FB) No.162 of 2015 Arising Out of PS.Case No. -109 Year- 2014 Thana -CHAKAI District- JAMUI ====================================================== |
Lakhan Yadav, Son of Jagdish Yadav, Resident of Village Lalpur, P.S. Kauwakol, District Nawadah. .... .... Appellant Versus The State of Bihar .... .... Respondent |
| ====================================================== with Criminal Appeal (FB) No.187 of 2015 Arising Out of PS.Case No. -47 Year- 2014 Thana -SONO District- JAMUI ====================================================== |
| Umesh Yadav @ Dabloo Yadav, Son of Late Yaddu Yadav, Resident of Village-Thamman, P.S.-Sono, District-Jamui. .... .... Appellant Versus The State of Bihar .... .... Respondent ====================================================== with |
Patna High Court CR. APP (FB) No.149 of 2015 dt.27-03-2015
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Issues for consideration
3 issues framed by the court
Does alleging a U.A.P. Act offence alone attract the N.I.A. Act's special investigation and trial procedure?
When may a Court of Sessions exercise jurisdiction under Section 22(3) of the N.I.A. Act?
Were the appeals against bail refusal maintainable under Section 21(4) of the N.I.A. Act?
Parties & counsel
- appellant
Bahadur Kora
- respondent
The State of Bihar
- appellant
Pravesh Kumar Mishra @ Pravesh Mishra
- appellant
Lakhan Yadav
- appellant
Umesh Yadav @ Dabloo Yadav
- appellant
Case details
As recorded by the court registry
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