The petitioner renewed his prayer for pre-arrest bail in a criminal case. Since the petitioner had already been arrested during the pendency of the application, the High Court held the application infructuous and dismissed it.
The renewed application for grant of pre-arrest bail was dismissed as infructuous.
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.33038 of 2016
| Arising Out of PS.Case No. -34 Year- 2013 Thana -KHIRHAR District- MADHUBANI |
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|---|---|
| ====================================================== Satya Narain Sah son of Bachcha Lal Sah, resident of village - Hisar, Police Station - Harlakhi, District -Madhubani. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== |
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| Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ====================================================== |
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| CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER |
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| 3 23 |
-11-2016 The petitioner has renewed his prayer for grant of pre- arrest bail in connection with Khirhar P.S. Case No.34 of 2013 registered under Sections 302 and 201 of the Indian Penal Code. A similar prayer made by the petitioner was earlier rejected by this Court, vide order dated 14.10.2015 passed in Cr.Misc. No.44619 of 2015. It is pointed out by the learned counsel for the petitioner that during the pendency of the application the petitioner has already been arrested. In that view of the matter, the application is dismissed as infructuous. |
| Md.S./- | (Ashwani Kumar Singh, J) |
| U | T |
2 issues framed by the court
Whether the renewed prayer for grant of pre-arrest bail should be entertained after the petitioner has been arrested.
Whether a bail application dismissed earlier can be treated as infructuous upon the arrest of the petitioner pending appeal.
1 provisions across 1 enactments
Satya Narain Sah
State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
