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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Aashik Kumar Sah @ Ashik Kumar Sah, S/o Surendra Sah – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. anticipatory bail case background (Para 1 , 2 , 4) |
| 2. court's observations on dismissal of bail petition (Para 3 , 12 , 13 , 14 , 15 , 17 , 20 , 21 , 26) |
| 3. arguments against previous court's decision (Para 6 , 8 , 9 , 11) |
| 4. legal standards for anticipatory bail (Para 16 , 19 , 22) |
| 5. grant of anticipatory bail (Para 27 , 28) |
ORDER :
2. However, after inquiry by learned Judicial Magistrate, cognizance only of the offence punishable under Section 498(A) has been taken against the husband/Petitioner herein.
“Having heard both sides and perusal of the certified copy of the complaint petition, it appears that this case is based on complaint petition and vide summoning order dated 04-06-2025, the learned Court below has found a prima facie case U/S 498-A of the IPC is made out against the petitioner-accused, which is punishable within Seven years Imprisonment. Hence, in view of decision of the Hon'ble Supreme Court in the case of Arnesh Kumar .. Vs.. State of Bihar, (2014) 8 SCC 273 and M.A. No. 2034 of 2022 in M.A. No. 1849 in S.L.P. (Cri) No. 5191 of 2021 titled Satyendra Kumar Antil Vs. Central Bureau of Investigation and another, this anticipatory bail petition filed o
Anticipatory bail petitions are maintainable for offences with a penalty of up to seven years, and jurisdictional courts must adjudicate these applications rather than merely disposing them without c....
The jurisdiction to grant anticipatory bail exists even after a non-bailable warrant is issued, emphasizing judicial discretion in such matters.
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
The conduct of an accused is an essential factor required to be considered by a Court while adjudicating upon a plea made by such an accused for grant of pre-arrest/anticipatory bail.
The court reaffirmed that anticipatory bail can be granted in serious offences unless specifically excluded by law, and that the discretion to grant bail must consider the individual circumstances of....
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