Petitioner, accused in IPC 457/380 case, sought regular bail fearing arrest. Court held process under Section 82 issued, application not maintainable. Surrender ordered for bail to be considered on merits. Application dismissed.
Order allowed conditional surrender for regular bail consideration before re-cognising maintainability.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32087 of 2018
Arising Out of PS.Case No. -10 Year- 2017 Thana -JIYAPOKHAR District- KISANGANJ
====================================================== Md. Meraj S/o Md. Budhwa @ Budhwa, R/o Bandar Jhule, Jiya Pokhar, P.S.- Jiya Pokhar, District- Kishanganj.
Versus
The State of Bihar
.... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Dineshwar Tiwary For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
At the very outset, it has submitted by learned APP that process under Section 82 has already been issued in this case and as such this application is not maintainable.
Heard learned counsel for the petitioner also.
Having heard both sides and in view of the facts and circumstances, as stated above, let petitioner surrender and make prayer for regular bail, which shall be considered on its own merit.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J)
Spal/ Priyanka/Abhijeet/-
U T
1 issue framed by the court
Whether bail application is maintainable despite issuance of arrest warrant under Section 82.
3 provisions across 2 enactments
Md. Meraj
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
