In an anticipatory bail petition, the High Court held the application not maintainable. The court found that since Section 14-A makes offences cognizable but omits rules on bail, the general provision in Cr.P.C. would not apply, leading to dismissal.
The anticipatory bail petition was dismissed as not maintainable.
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.37652 of 2019
Arising Out of PS. Case No.-156 Year-2019 Thana- KISHANGANJ DistrictKishanganj
======================================================
LAL BIHARI SAH, aged about 76 years, male, Son of Late Kalu Sah Resident of Village - Telibasti Ward No. 2, P.S. and District- Kishanganj
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Pankaj Kumar Sinha Mr. Diwakar Sinha, Advocates. For the Opposite Party: Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
3 26-06-2019
This matter was taken up for disposal on merits on 24.06.2019 and upon hearing learned counsel for the petitioner, who submitted that the offence alleged was cognizable, a draft of the order was dictated in Court.
Patna High Court CR. MISC. No.37652 of 2019(3) dt.26-06-2019 2/2
heading ‘To be Mentioned’.
(Vikash Jain, J)
Ibrar/BT
U
2 issues framed by the court
Whether an offence under Section 3 or 3-A of the Child and Adolescent Labour Act, made cognizable by Section 14-A, is bailable or non-bailable in the absence of specific provision on bail.
Whether a maximum punishment of two years under the Act attracts the general provision in Cr.P.C. for classifying offences with imprisonment below three years as bailable.
3 provisions across 2 enactments
Lal Bihari Sah
The State of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
