Md. Mofil @ Mahfil Miyah vs The State Of Bihar on 2 July, 2019
In view of law laid down by this Court in the case of
Mahendra Prasad Singh vs. The State of Bihar reported in
2004(3) PLJR 491 and of Ram Vilas Singh vs. The State of
Bihar reported in 2008(3) PLJR (HC) 253, it is evident that
application for anticipatory bail is not maintainable in the said
case. This Court has held that when the case is initially for non-
bailable offences wherein the accused is taken into custody and
then released on bail by the police, an application for
anticipatory bail on the ground that he has an apprehension of
arrest in the case cannot be held to be maintainable. The
petitioner must honour the terms of the police bail and appear
before the court without any delay. In case, the petitioner
Patna High Court CR. MISC. No.40285 of 2019(2) dt.02-07-2019
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appears before the Court below within six weeks then the court
below shall consider his prayer for bail keeping in view the well
established principle that a person, who is already on bail, shall
not be denied such privilege unless there is any allegation of
misuse, etc.
Accordingly, this application is disposed of with the
above directions.