Patna High Court rejected the petitioner's application for anticipatory bail. The court noted that despite processes being issued, the petitioner had not appeared. The petitioner was directed to surrender within four weeks to seek regular bail.
Petitioner directed to surrender before the Court below within four weeks to seek regular bail.
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.41393 of 2018
Arising Out of PS.Case No. -45 Year- 2010 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS)
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
4/ 18-07-2018 Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner apprehends his arrest in Complaint Case
No.45 of 2010 arising out of Sasaram (Model) P.S. Case No.305 of 2009 instituted for the offence under Section(s) 406/34 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Rohtas at Sasaram.
Xerox copy of the entire order-sheet has been annexed with the bail petition from which it appears processes under Section 82-83 Cr. P.C. has been ordered to be issued against the petitioner on 03.12.2015 and thereafter, case is pending for appearance of the petitioner.
Patna High Court Cr.Misc. No.41393 of 2018 (4) dt.18-07-2018
2/2
In such circumstances, this Court does not find it a
fit case for grant of anticipatory bail.
Prayer of the petitioner for grant of anticipatory bail
is rejected.
Counsel for the petitioner submits that compromise has taken place between the parties and money has already been returned to the informant.
In such circumstances, petitioner is directed to surrender before the Court below within a period of four weeks and seek regular bail and, in the event, Court below finds that compromise has taken place between the parties, the Court below will pass necessary order in accordance with law, preferably on the same day, without being prejudiced by this order.
(Sanjay Priya, J)
JA/-
U T
2 issues framed by the court
Whether anticipatory bail can be granted when the petitioner has not appeared despite processes being issued.
Whether a compromise between parties is sufficient basis for anticipatory bail before the alleged case is filed.
1 provisions across 1 enactments
Ghanshyam Mishra
The State of Bihar
Sanjay Kumar Singh
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
