Jai Prakash Singh vs. State of Bihar


Jai Prakash Singh v. State of Bihar

The nutshell of the case:
“Considerations for the grant of anticipatory bail”

Facts: The appellant Jai Prakash’s brother was allegedly murdered by the accused persons. The accused persons applied for anticipatory bail which was rejected by the Sessions Judge. Aggrieved thereby, the accused persons filed petitions for grant of anticipatory bail under section 438 of CrPC before the Patna High Court which allowed the application passing the impugned order granting them anticipatory bail on the grounds that the FIR itself made it evident that there was some previous dispute between the parties which led to a quarrel and the accused had fair antecedents. Aggrieved, the appellant Jaiprakash preferred an appeal to the Supreme Court by Special Leave Petition.

There is no substantial difference between Sections 438 and 439 CrPC so far as appreciation of the case as to whether or not a bail is to be granted, is concerned. However, neither anticipatory bail nor regular bail can be granted as a matter of rule. The anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. The judicial discretion conferred upon the court has to be properly exercised after proper application of mind to decide whether it is a fit case for grant of anticipatory bail. This is not a fit case to grant anticipatory bail and accordingly the impugned order was set aside.

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