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2024 Supreme(SC) 226

C. T. RAVIKUMAR, SANJAY KUMAR
Srikant Upadhyay – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Anand Shankar, AOR
For the Respondent(s): Mr. Anshul Narayan, Adv. Mr. Prem Prakash, AOR Mr. Bhanwar Pal Singh Jadon, Adv. Mr. Susheel Tomar, Adv. Mr. Chetan Jadon, Adv. Mr. Harsh Vardhan Singh Rajawat, Adv. Mr. Hardik Saxena, Adv. Mr. Hemlata singh Rathore, Adv. Dr. V.P.S. Jadon, Adv. Ms. Abha R. Sharma, AOR

JUDGMENT :

C.T. RAVIKUMAR, J.

Leave granted.

1. This appeal is directed against the order dated 04.04.2023 in CRLM No.67668 of 2022 passed by the High Court of Judicature at Patna whereby and whereunder the application for anticipatory bail filed by the appellant was dismissed. The pre-arrest bail application was moved in connection with FIR No.79 of 2020, registered against him and co-accused at Govidganj, Police Station, District East Champaran, Bihar, under Sections 341, 323, 354, 354 (B), 379, 504, 506 and 149 of the Indian Penal Code, 1860 (for short, ‘IPC’) and Section 3/4 of Prevention of Witch (Daain) Practices Act, 1999 (for short, ‘the Daain Act’).

2. Heard, Mr. Basant R., learned Senior Counsel for the appellants and Mr. Anshul Narayan, learned counsel for the respondent-State.

3. The question of seminal importance that arises for consideration can better be explained and understood by referring to a decision of this Court in Prem Shankar Prasad v. State of Bihar and Anr., (2022) 14 SCC 516, which was rendered after referring to the earlier decisions of this Court in State of Madhya Pradesh v. Pradeep Sharma, (2014) 2 SCC 171 and Lavesh v. State (NCT of Delhi), (2012) 8 SCC 7

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