The High Court held that the application for pre-arrest bail under Section 438 CrPC filed by five petitioners is not maintainable. The court directed them to surrender for subsequent bail consideration.
Application under Section 438 CrPC dismissed as not maintainable; direction to surrender for bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21588 of 2016
Arising Out of PS.Case No. -222 Year- 2015 Thana -BARHARIA District- SIWAN
====================================================== 1. Raja Hussain son of Late Hanif Ansari 2. Khajmuddin Ansari Son of Raja Hussain 3. Asma Khatoon Wife of Raja Hussain 4. Phool Mohammad Ansari Son of Late Hanif Ansari 5. Hassan Imam Ansari Son of Phool Mohammad All residents of village Bibi Ka Bangra, P.S.- Barharia, District- Siwan .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Amir Alam For the Opposite Party/s : Mr. B.N. Pandey (App)
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
The petitioners seek pre-arrest bail in connection with Barharia P.S. Case No. 222 of 2015 registered under Sections 341, 323, 308, 504 and 506/34 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioners that during investigation the petitioners were granted police bail and they have never misused the privilege of bail granted to them by the police.
In view of the submissions made at the Bar, in my opinion, the instant application under Section 438 of the Code of
Patna High Court Cr.Misc. No.21588 of 2016 (2) dt.25-05-2016
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Criminal Procedure is not maintainable. Accordingly, the same is disposed of as not maintainable.
In case the petitioners surrender and seek bail, the same shall be considered by the court below on its own merits without being prejudiced in any manner by this order.
(Ashwani Kumar Singh, J) Pradeep/U T
1 issue framed by the court
Whether the application for pre-arrest bail under Section 438 CrPC is maintainable given the circumstances.
Raja Hussain
Khajmuddin Ansari
Asma Khatoon
Phool Mohammad Ansari
Hassan Imam Ansari
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
