Criminal Misc. No. 84200 of 2019 wherein petitioners apprehending arrest in Belaganj P.S. Case filed petition. Court held anticipatory bail not maintainable post-chargesheet but allowed consideration for bail on surrender warning against misuse.
Application disposed off directed learned court below to consider prayer for bail on surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84200 of 2019
Arising Out of PS. Case No.-174 Year-2018 Thana- BELAGANJ District- Gaya
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Umesh Kumar, Adv. For the Opposite Party/s : Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
The petitioners are apprehending arrest in Belaganj P.S. Case No.174 of 2018, registered for the offences punishable under Sections 341, 323, 325, 334 and 308/34 of the I.P.C., pending before the learned ACJM-XI, Gaya.
It is alleged that on 23.06.2018, at 7.00 P.M., all the FIR named accused persons, including the petitioners, assaulted the informant, as a result, he became unconscious.
It is submitted by learned counsel for the petitioners that initially the petitioners were on police bail, but on conclusion of investigation, the petitioners have been chargesheeted.
Patna High Court CR. MISC. No.84200 of 2019(2) dt.18-12-2019 2/2
In that circumstance, the anticipatory bail
application is not maintainable.
Let the learned Court below consider the prayer for bail of the petitioners on surrender in view of the ratio laid down in the case of Mahendra Prasad Singh versus The State of Bihar reported in 2004(3) PLJR 491 .
However, it is made clear that in such circumstances, the bail can only be denied, in case of misuse of privilege of earlier bail.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J)
Ashwini/-
U T
2 issues framed by the court
Whether an anticipatory bail application is maintainable after chargesheet and whether bail on surrender is applicable.
Whether bail should be allowed considering the possibility of misuse of earlier bail.
Colour shows how this judgement treated each authority
Mahendra Prasad Singh versus The State of BiharReferred¶18
2004(3) PLJR 491
1 provisions across 1 enactments
BARHAN DEVI
Shobha Devi
THE STATE OF BIHAR
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
