Holding Of High Office Does Not Entitle An Accused To Anticipatory Bail, Says SC [Read Order]

Holding high office does not entitle one to anticipatory bail, the Supreme Court has observed.

Anil Singh @ Anil Kumar Singh and others are accused under Section 447 of the Bihar Nagar Palika Act, 2007 for alleged disclosure of false information in nomination papers submitted for General Nagar Palika elections, 2007. State Election Commission had found that this allegation was correct and declared the elections void.  It also directed to lodge FIR against him under Section 447 of the said Act read with Section 420/34, Indian Penal Code.

Singh and others filed writ petition before the Supreme Court seeking directions for the anticipatory bail applications pending before Patna High Court. The bench headed by Justice Sanjay Kishan Kaul told the counsel that it is not possible to issue such directions. The counsel then addressed the bench on merits of the case. He submitted that the accused are willing to join the investigation and there is no need for custodial interrogation of the petitioner.

"We are unable to agree with the contention of the learned counsel for the petitioners 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. It cannot be said that the petitioners held a high office, they are ipso facto entitled to anticipatory bail.", the bench also comprising Justices Krishna Murari and Hrishikesh Roy said.

The bench then proceeded to dismiss the anticipatory bail application.

Case name: ANIL KUMAR SINGH ALIA ANIL SINGH vs. HIGH COURT OF JUDICATURE AT PATNA 

Case no.: Writ Petition(s)(Criminal) No(s). 293/2020

Coram: Justices Sanjay Kishan Kaul, Krishna Murari and Hrishikesh Roy

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