This appeal against the rejection of anticipatory bail was declared not maintainable as appellants were already released on police bail, but disposed of by application of a specific Supreme Court precedent.
Appeal disposed of by relying on Mahendra Prasad Singh vs. State of Bihar (2004 (3) PLJR 491).
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 APPEAL (SJ) No.2076 of 2020
Arising Out of PS. Case No.-133 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua)
======================================================
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Rajani Kant Pandey For the Respondent/s : Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
counsel for the State.
The present appeal has been filed against the order dated 8.7.2020 passed by learned Additional Sessions Judge-1st, Kaimur at Bhabua cum Special Judge, SC/ST (POA) Act, Kaimur at Bhabua in A.B.P. No. 407 of 2020 arising out of Chainpur P.S. Case No. 133 of 2020 registered for offence under Sections 323/147/148/149/324/307/504 of the Indian Penal
Patna High Court CR. APP (SJ) No.2076 of 2020(3) dt.15-03-2021 2/2
Code and Section 3(1)(r)(s)/3(2)(Va) of the SC/ST (POA) Act, rejecting the prayer for anticipatory bail of the appellants.
From perusal of the records, it appears that the appellants have already been released on police bail, in such view of the matter, this appeal is not maintainable.
However, the appellants will be given the benefit of judgment passed in the case of Mahendra Prasad Singh Vs. State of Bihar reported in 2004 (3) PLJR 491.
Accordingly, this appeal stands disposed of.
(Shivaji Pandey, J)
rishi/-
U T
1 issue framed by the court
Whether an appeal against rejection of anticipatory bail is maintainable when appellants are already released on police bail.
Colour shows how this judgement treated each authority
Mahendra Prasad Singh vs. State of BiharRelied on¶21
2004 (3) PLJR 491
2 provisions across 2 enactments
Umesh Mallah and others
The State of Bihar
Shivaji Panday
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
