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2017 Supreme(Pat) 812

RAJEEV RANJAN PRASAD
Kamakhya Narayan Singh @ Kamachhaya Singh Son of Late Radhe Kishun Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners:Mr. Akhileshwar Pd. Singh, Sr. Advocate, Mr. Amit Anunay, Advocate
For the Opposite Parties : Mr. Raj Kishore Singh, APP

JUDGMENT :

Heard Sri Akhileshwar Prasad Singh, learned Senior counsel for the petitioners in Cr. Misc. No. 24521/2017 and Cr. Misc. No. 24597/2017, as also Sri Nityanand, Advocate, in Cr. Misc. No. 24730/2017 and the respective learned Additional Public Prosecutor for the State. The petitioners in first two cases are facing prosecution under Sections 323 & 406 I.P.C. whereas the petitioner in third case is charge-sheeted, cognizance under Sections 147, 148, 323, 324, 325, 307 & 379 of the Indian Penal Code had been taken as back as in the year 2004 and process was issued against him.

2. All these three Anticipatory Bail applications involve a common question as to whether the benefit of Anticipatory Bail may be allowed to an accused against whom process under Sections 82 & 83 of the Code of Criminal Procedure Code (in short the “Code”) has been issued? The accused, in all these cases, instead of submitting themselves to the jurisdiction of the learned Magistrate who has issued process under Section 82 & 83 of the Code, as the case may be, is seeking Anticipatory Bail. For the purpose of answering this issue, I need not go into the merit of the case unless the petitioners in these cas










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