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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
Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)
| 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 :
The present Criminal Miscellaneous Petition has been filed under Section 4 82 B.N.S.S. / 438 of the Cr.PC for anticipatory bail in connection with Complaint Case No.2383 of 2024 by the Complainant/ O.P. No.2 herein against her husband/petitioner herein and his family members for proposed offence under Sections 3 23 , 341, 498(A), 324, 504, 312 IPC , Sections 3 and 4 of the Dowry Prohibition Act and Section 67 of the I.T. Act .
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.
3. Subsequently, the Petitioner/Aashik Kumar Shah preferred anticipatory bail petition bearing no. 3229 of 2025 before learned Sessions Court, East Champaran at Motihari. However, the same has been disposed of by learned Sessions Judge vide orde
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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