Shashi Bhushan Rai @ Dabbu Rai and Anr. v. The State of Bihar
Case brief
What is this about?
High Court rejected appeal against refusal of anticipatory bail by Special Judge SC/ST, as Section 438 Cr.P.C. is not maintainable when bail has already been granted. Directed appellants to surrender and seek regular bail.
What did the court decide?
Appellants directed to surrender before lower court within six weeks and seek regular bail.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.774 of 2019
Arising Out of PS. Case No.-19 Year-2016 Thana- SC/ST District- Buxar
======================================================
- Shashi Bhushan Rai @ Dabbu Rai S/o Late Jata Shankar Rai Resident of village and P.O-Sarenja, P.S-Rajpur, District-Buxar
- Manish Kasera @ Manish Kumar S/o Bigan Kasera resident of village and P.O-Sarenja, P.S-Rajpur, District-Buxar
... ... Appellants.
Versus The State of Bihar. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Manendra Kumar Sinha For the Respondent/s : Mr. Sadanand Paswan ======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
5 16-07-2019
Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.
Issues for consideration
2 issues framed by the court
Whether the appeal against refusal of anticipatory bail should be allowed given the appellants are already on police bail.
Whether Section 438 Cr.P.C. maintains when bail has already been granted by police or court.
Parties & counsel
- appellant
Shashi Bhushan Rai @ Dabbu Rai and Anr.
- respondent
The State of Bihar
Coram
Prakash Chandra Jaiswal
Case details
As recorded by the court registry
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