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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI, ANSHUMAN
Mohammad Raja, S/o Mohammad Wajul @ Mohammad Wajoul – Appellant
Versus
State of Bihar – Respondent
ORDER :
BIBEK CHAUDHURI, J.
1. The present reference arises from Criminal Miscellaneous No. 65700 of 2025 (Mohammad Raja v. State of Bihar), wherein a learned Single Judge Bench of this Court, noticing conflicting approaches in the disposal of anticipatory bail applications under Section 438 of the Code of Criminal Procedure, 1973, in cases involving offences punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, has sought clarification from this Division Bench.
2. The petitioner, Mohammad Raja, apprehended arrest in connection with Complaint Case No. C-2214 of 2024, registered under Section 498-A of the Indian Penal Code, 1860, upon a complaint lodged by Fiza Praveen. He approached the Sessions Judge, East Champaran at Motihari, seeking anticipatory bail. By an order dated 13.06.2025, the learned Sessions Judge, without adjudicating the application on merits, disposed of it by granting liberty to the petitioner to surrender and apply for regular bail before the court below, relying on the decisions of the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar, reported in (2014) 8 SCC 273 and Satyendra Kumar Antil v. Central
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....
Point of law : a person gets apprehension of being arrested in two situations:- firstly when a 'Notice' is issued to him under Section 41A (1) of the Code and secondly, after complying the terms of '....
Anticipatory bail is not maintainable upon issuance of summons for a non-bailable offence unless there is reasonable apprehension of police arrest without warrant.
Point of Law : Accused has every right, even if he is arrested in number of cases, to move in each of offence registered against him irrespective of the fact that he is already in custody.
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