The Hon'ble High Court of Patna dismissed the petitioner's application for anticipatory bail arising from an Indian Penal Code case. The Court refused the prayer due to the five-year delay in filing the petition after the FIR registration and the lack of any immediate apprehension of arrest.
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.30480 of 2019
Arising Out of PS. Case No.-78 Year-2014 Thana- HAYAGHAT DistrictDarbhanga
======================================================
BIRENDRA SAH, aged about 41 years, male, Son of Palton Sah, Resident of Village- Muksudpur, Police station- Hayaghat, District- Darbhanga.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Shambhu Nath Jha, Advocate. For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
3 05-08-2019
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.30480 of 2019(3) dt.05-08-2019 2/2
cause for immediate apprehension of arrest and the anticipatory bail petition has been filed about five years after filing of the F.I.R., this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.
(Vikash Jain, J)
Ibrar//-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail despite a significant delay in filing the petition after the FIR was registered.
Whether the petitioner has demonstrated any immediate apprehension of arrest warranting the grant of bail.
Birendra Sah
The State of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
