Hare Ram Chauhan and Anr. v. The State Of Bihar
Criminal Procedure Code – Section 438 and bail -该案涉及申请人在衡平法院和地方法院之间申请保释的 difference – 法院允许保释,但指出如果案件悬而未决 query,申请人应保释在 Magistrate,除非有异常。
Case brief
What is this about?
The Court granted bail to petitioners in an NDPS case pending before a Magistrate. Petitioners were released by furnishing a bail bond of Rs. 10,000 with two sureties to the Judicial Magistrate, Ist Class, Purnea. Paraphrased reasoning suggests that since the case is pending before a Magistrate, bail should be sought there, not in the High Court under Section 438 Cr.P.C., except in exceptional cir
What did the court decide?
Petitioners released on bail bond of Rs. 10,000 each with two sureties to the satisfaction of the Judicial Magistrate. The court emphasised that in cases pending before Magistrates, bail should genera