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J. B. PARDIWALA, K. V. VISWANATHAN
Rama Kant Singh – Appellant
Versus
State Of Bihar – Respondent
ORDER
1. Leave granted.
2. This appeal arises from the Order passed by the High Court of Judicature at Patna dated 30-7-2025 in Criminal Miscellaneous Application No.30622/2025 by which the anticipatory bail application preferred by the Respondent Nos.2 and 3 – herein respectively came to be allowed in connection with Bishanpur Police Station Case No.14 of 2025 registered on 27-1-2025 for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the Bharatiya Nyay Sanhita (for short the, “BNS, 2023”) respectively.
3. Later in point of time as the injured succumbed to the injuries, Section 103(1) of the BNS, 2023 (erstwhile Section 302 of the Indian Penal Code (for short, the “IPC”) came to be added.
4. The appellant before us is the son of the deceased. He also happens to be the original informant. The First Information Report lodged by the appellant – herein with the concerned Police Station on 27-1-2025 reads thus:-
The Hon’ble Officer-in-Charge
P.S. Bishanpur, Darbhanga
Sir,
With due respect this is to inform that, I Ramakant Singh alias Sonu S/o Shri Shubh Narayan Singh am the resident of the village - Gorhiyari, P.S. Bishanpur, District Darbhanga. On 2
Accused praying for anticipatory bail has to make out more than a prima facie case of false implication – Grant of anticipatory bail is not a matter of course.
Grant of anticipatory bail – Although grant of bail is a discretionary exercise, Courts must be cautious to exercise this discretion judiciously – Balance has to be struck to protect individual liber....
Anticipatory bail – Specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by same Judge.
Anticipatory bail cannot be granted in heinous offences.
Repeated anticipatory bail applications without a change in circumstances can be considered an abuse of the court process.
Anticipatory bail applications can be granted under changed circumstances, providing protection against wrongful arrest while ensuring cooperation with the investigation.
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