Petitioners sought anticipatory bail for offences under the IPC and other statutes. The court dismissed the application as not maintainable, relying on a Full Bench judgment.
Anticipatory bail application dismissed as not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22463 of 2021
Arising Out of PS. Case No.-287 Year-2020 Thana- KALYANPUR District- Samastipur
======================================================
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Anil Kumar Sharma, Mrs. Usha Kumari Singh, Advocates For the Opposite Party : Mr. Jharkhandi Upadhyay, APP ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 03-12-2021 Heard the parties.
The petitioners apprehend their arrest in connection with Kalyanpur P.S. Case No. 287 of 2020 registered for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 353, 337, 338, 379, 427 and 504 of the Indian Penal Code and Section 3/4 of the Prevention of Damage to Public Property Act and Section 30(a), 41(i)(ii) and 47 of the Bihar Prohibition and Excise Act, 2016.
In view of the allegations levelled against the petitioners, this anticipatory bail application is not maintainable in view of the judgment of the Full Bench of this Court in the
Patna High Court CR. MISC. No.22463 of 2021(2) dt.03-12-2021 2/2
case of Ram Binay Yadav Vs. The State of Bihar reported in
[2019 (2) PLJR 1089 (Full Bench)].
Accordingly, it is dismissed as not maintainable.
(Sandeep Kumar, J)
BT/-
U T
1 issue framed by the court
Whether an anticipatory bail application is maintainable when a Full Bench decision declares it so.
Colour shows how this judgement treated each authority
Ram Binay Yadav Vs. The State of BiharRelied on¶15
Ram Binay Yadav Vs. The State of Bihar [2019 (2) PLJR 1089 (Full Bench)]
3 provisions across 3 enactments
Kamlesh Rai
Pinku Kumar
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
