The High Court held that an anticipatory bail application under Section 438 Cr.P.C. is not maintainable when the petitioner is already on police bail. Petitioners were directed to surrender before the lower court to seek regular bail.
Direction to petitioners to surrender before the lower court within six weeks to seek regular bail.
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.68480 of 2022
Arising Out of PS. Case No.-228 Year-2021 Thana- JANDAHA District- Vaishali
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
WITH
CRIMINAL MISCELLANEOUS No. 2179 of 2023
Arising Out of PS. Case No.-228 Year-2021 Thana- JANDAHA District- Vaishali
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 68480 of 2022) For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adocate Mr. Gopal Govind Mishra, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
Patna High Court CR. MISC. No.68480 of 2022(2) dt.23-01-2023 2/3
(In CRIMINAL MISCELLANEOUS No. 2179 of 2023) For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adocate Mr. Gopal Govind Mishra, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 23-01-2023
As both these bail applications have cropped up from
the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
From perusal of the impugned order, it appears that the petitioners are on police bail.
It is settled principle of law that once the petitioners have been granted bail either by the police or by the Court, the petition under Section 438 Cr.P.C. on behalf of the petitioners is not maintainable.
In that view of the matter, both these applications are disposed of with a direction to the petitioners to surrender before the learned Court below within six weeks from today and seek regular bail and the learned lower Court would consider the same without being prejudiced by this order in view of the ratio laid down in the case of Mahendra Prasad Singh Vs. The State of Bihar reported in 2004 (3) PLJR 491 . In this decision, it was held that once the bail had been granted and bail bond executed, at a later stage, if the offence is treated as non-bailable, the
Patna High Court CR. MISC. No.68480 of 2022(2) dt.23-01-2023 3/3
applicant cannot file his application for grant of anticipatory bail. The only remedy available to him is to surrender before the concerned Court. The Court concerned will grant him bail without taking into custody, considering his conduct while on police bail and also that he has not misused the privilege of bail.
With the aforesaid observation and direction, both these applications stand disposed of.
(Anjani Kumar Sharan, J)
Trivedi/-
U T
2 issues framed by the court
Whether an anticipatory bail application is maintainable when the petitioner is already on police bail.
What remedy is available to a petitioner on police bail when the offence is treated as non-bailable.
Colour shows how this judgement treated each authority
Mahendra Prasad Singh Vs. The State of BiharExplained¶36
Mahendra Prasad Singh Vs. The State of Bihar reported in 2004 (3) PLJR 491
1 provisions across 1 enactments
Ghanthu Singh @ Dhantu Singh @ Ram Lalit Singh and 4 others
Bipin Singh and 3 others
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
