Person Not Entitled to Anticipatory Bail Just Because He Hold High Post: SC

The petitioner filed a writ petition in the Supreme Court under Article 32 of the Constitution of India, and the petitioner had sought that directions should be issued to the Patna High Court to hear an anticipatory bail application that was pending before the Patna High Court.

Hon’ble Supreme Court observed the greater the office held, the greater the responsibility of the person.

Brief Facts of the Case:-Anil Kumar Singh & Ors. Versus High Court Of Judicature At Patna

The petitioner had allegedly provided false information in his nomination papers for the General Nagar Palika elections. The allegations were investigated by the State Election Commission and were found to be accurate and  in violation of Section 447 of Bihar Nagar Palika Act, 2007.

An FIR under Section 447 of Bihar Nagar Palika Act, 2007 and Section 420/34, IPC was registered against the petitioner. The elections were declared void as well.

Arguments of the Petitioner:-

Learned counsel for the petitioner stated that the petitioner is willing to cooperate with the authorities and join the investigation, so there is no need for custodial interrogation.

Reasoning and Decision of the Court

The Hon’ble Supreme Court disagreed with the statement of the counsel in view of the conduct of the petitioners and the greater the office held, the greater the responsibility of the person as in the case of the petitioners. The Supreme Court opined that the line of reasoning that just because the petitioner held a high office, so he is entitled to anticipatory bail, is not acceptable.

In view of the above Supreme Court rejected the Anticipatory Bail Application and also dismissed the bail application filed before the Patna High Court, being infructuous.

Case Details:-

Title: Anil Kumar Singh & Ors. Versus High Court Of Judicature At Patna

Case No. Writ Petition(S)(Criminal) No(S). 293/2020

Date Of Order: 09.10.2020

Coram: Hon’ble Justice Sanjay Kishan Kaul, Hon’ble Justice Krishna Murari Hon’ble Justice Hrishikesh Roy

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