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Prem Shankar Prasad vs. State of Bihar & Anr. (SC)

44.00 4.40

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Code of Criminal Procedure, 1973–Secs. 438, 82 & 83–Penal Code, 1860–Secs. 406 & 420–Grant of anticipatory bail–Justification–Earlier, the application for granting the anticipatory bail was rejected by the Addl. Sessions judge by a reasoned order–Fact of abscondance of accused was brought in the notice of High Court–High Court ignored the facts of proceedings u/ss. 82 & 83–Observation of High Court that the accusation is arising out of a business transaction also cannot be accepted as the charge sheet u/ss. 406 & 420 has been filed–Impugned order is liable to be quashed and set aside.