Jharkhand High Court
Gopal Prasad Singh Alias Gopal Shankar ... vs The State Of Jharkhand on 22 November, 2016
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4539 of 2016
Gopal Prasad Singh @ Gopal Shankar Singh ..... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. K.P. Deo, Advocate.
For the State : A.P.P.
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02/Dated: 22/11/2016
Petitioner is apprehending his arrest in connection with Saraiyahat P.S. Case No. 168 of 2015, corresponding to G.R. No. 1202 of 2015, registered under Sections 323, 324, 325, 448, 307, 504, 34 of the I.P.C., lodged on the basis of one written report given by Phoolmani Devi.
It appears from perusal of Annexure-3 of the anticipatory bail application that police after investigation has submitted final form vide Final Form No. 213 of 2015 dated 14.11.2015 under Sections 323, 324, 325, 448, 504, 34 of the I.P.C. It has further been averred in para-9 of the anticipatory bail application that the petitioner was on police bail on 13.11.2015, but the learned Magistrate after differing with the final form, has taken cognizance under Sections 323, 324, 325, 448, 307 of I.P.C. on 29.01.2016 and also issued summons.
So, learned counsel for the petitioner is directed to address this Court as to whether in view of provisions of Section 446A of the Cr.P.C., when admittedly nowhere it has been mentioned that police bail which was granted to the petitioner has been canceled and petitioner has no apprehension of arrest, this anticipatory bail application is maintainable or not?
List this case on 28.11.2016.
(Anant Bijay Singh, J.) Sunil/-