Supreme Court of India

Jai Prakash Singh v. The State of Bihar & Anr. Etc.

Neutral citation

Reported as [2012] 5 S.C.R. 1

Bench Dr. B.S. Chauhan and Jagdish Singh Khehar JJ.

Decided 14 March 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

Held as under: "Section 20(7) of the TADA Act excluding the application of Section 438 of the Code of Criminal Procedure in relation to any case under the Act and the Rules made thereunder, cannot be said to have deprived the personal liberty of a person as enshrined in Article 21 of the Constitution." (See also: Narcotics Control Bureau v.

Judgment, page 12

From the headnote

Code of Criminal Procedure, 1973 - s. 438 - Anticipatory bail - Grant of - On facts, FIR registered against respondent for commission of offence u/ss. 302134 /PC - FIR was iodged promptly within two hours from the time of incident - Deceased received multiple abrasions and five gun shot injuries - There was a strong motive between the parties - High Court enlarged the respondents on anticipatory bail - Sustainability of - Held: o Anticipatory bail can be granted only in exceptional circumstances where the court is prima facie of the view that the applicant has falsely been enroped in the

Authorities it was built on

2010 Siddharam Satlingappa Mhetre v. State of Maharashtra and Others cited by 46
1995 State of M.P. and Anr. v. Ram Kishna Balothia and Anr. cited by 13
1972 Thulia Kali v. The State of Tamil Nadu cited by 7
1995 The State of Punjab v. Surja Ram cited by 3
1996 Girish Yadav and Ors. Etc. v. State of Madhya Pradesh cited by 2
2007 D.K. Ganesh Babu v. P.T. Manokaran and Ors. cited by 2
2004 Narcotics Control Bureau v. Dilip Pralhad Namade cited by 1
2007 State of Maharashtra and Anr. v. Mohd. Sajid Husain Mohd. S. Husain Etc. cited by 1

Where later benches applied it

2016 Manoj Kumar Sharma & Ors. v. State of Chhattisgarh & Anr. relied on
2020 Dr Naresh Kumar Mangla v. Smt. Anita Agarwal & Ors. Etc. referred to
2019 P. Chidambaram v. Directorate of Enforcement referred to
2013 Nasiruddin v. State (nct) Delhi and Ors. mentioned

Of those, 1 relied on · 2 referred to · 1 mentioned

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