Held that anticipatory bail is not granted where legal process under Sections 82 and 83 Cr.P.C. is already exhausted. Petitioner directed to surrender within six weeks to seek regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4246 of 2019
Arising Out of PS. Case No.-336 Year-2017 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Amarnath Rai @ Kallu, son of Late Dharmnath Rai, Resident of VillageDighi Kala West, P.S Sadar, District-Vaishali
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Rajeev Ranjan No.Ii For the Opposite Party/s : Mr.Nand Kishore Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 01-05-2019
Petitioner seeks bail in anticipation of his arrest in connection with Sadar Hajipur P.S. Case No. 336 of 2017, registered for the offences punishable under Sections 147, 148, 149, 341, 447, 323, 307, 302, 504, 506 and 120B of the Indian Penal Code.
At the very outset, learned counsel for the informant has raised an objection that this application is not maintainable as process under Sections 82 and 83 of Cr.P.C. has already been exhausted against the petitioner.
In the above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He should surrender within a period of six weeks and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order and, if
Patna High Court CR. MISC. No.4246 of 2019(4) dt.01-05-2019 2/2
possible, to be disposed of on the same day.
With the above observation, this application is
dismissed.
(Vinod Kumar Sinha, J)
spal/-
U T
2 issues framed by the court
Whether an anticipatory bail application is maintainable where process under Sections 82 and 83 of Cr.P.C. has already been exhausted.
Whether the petitioner should be granted anticipatory bail or directed to surrender for regular bail.
1 provisions across 1 enactments
Amarnath Rai @ Kallu
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
