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PREM SHANKAR PRASAD vs. THE STATE OF BIHAR & ANR.

SCR Citation: [2021] 6 S.C.R. 1176
Year/Volume: 2021/ Volume 6
Date of Judgment: 21 October 2021
Petitioner: PREM SHANKAR PRASAD
Disposal Nature: Appeal Allowed
Neutral Citation: 2021 INSC 658
Judgment Delivered by: Hon'ble Mr. Justice M.R. Shah
Respondent: THE STATE OF BIHAR & ANR.
Case Type: CRIMINAL APPEAL /1209/2021
Order/Judgment: Judgment
1. Headnote

Code of Criminal Procedure, 1973: s.438 – Anticipatory bail – FIR lodged by appellant against respondent no.2 for offences punishable under ss.406, 407, 468 and 506 IPC – A warrant of arrest issued by Magistrate – Thereafter, respondent no.2 was absconding and concealed himself to avoid service of warrant of arrest – Magistrate issued a proclamation against respondent no.2 under s.82 CrPC – Thereafter respondent no.2 filed anticipatory bail application before trial court which was dismissed – However, High Court allowed the anticipatory bail application – Complainant filed instant appeal challenging the anticipatory bail granted to respondent no.2 – Held: After investigation, a charge-sheet was filed against respondent no.2 for the offences punishable under ss.406, 420 of IPC – Thus, it was found that there was a prima facie case against him – Arrest warrant was issued by the Magistrate and thereafter proceedings under ss.82-83 of Cr.PC were initiated pursuant to the order passed by the Chief Judicial Magistrate – High Court just ignored the factum of initiation of proceedings under ss.82-83 of Cr.PC– The aforesaid relevant aspect on grant of anticipatory bail ought not to have been ignored by the High Court and ought to have been considered by the High Court very seriously and not casually – Thus, the High Court committed an error in granting anticipatory bail to respondent No.2 ignoring the proceedings under s.82-83 of Cr.PC.

2. Case referred
3. Act
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4. Keyword
  • Code of Criminal Procedure
  • 1973: s.438
  • Anticipatory bail
5. Equivalent citation
    Citation(s) 2021 AIR 5125 = 2021 (10) JT 410 = 2021 (10) Suppl. JT 410 = 2021 (12) SCALE 413