Benefit given by police under Section 41(1)(a) of Cr.P.C. does not amount to grant of bail by police: Patna High Court

In Awadhesh Rai vs. The State of Bihar, Patna High Court's Justice Sanjay Priya held that "the benefit given by the police under Section 41(1)(a) of the Cr.P.C. does not amount to grant of bail by the police."

Awadhesh Rai, the petitioner apprehended arrest in a Mushahari, Muzaffarpur case instituted for the offence under Sections 376/511 of the Indian Penal Code.

There wa general allegation against the petitioner that he attempted to commit illegal act with the informant. It was noted in the bail petition that both parties were on inimical terms. The Sessions Judge, Muzaffarpur had rejected the prayer for anticipatory bail of the petitioner on the ground that anticipatory bail is not maintainable because petitioner was given benefit of Section 41(1)(a) of the Cr.P.C.

Justice Sanjay Priya observed that "this Court is of the view that the benefit given by the police under Section 41(1)(a) of the Cr.P.C. does not amount to grant of bail by the police. Therefore, such view of the Sessions Judge, Muzaffarpur was not correct."

The High Court's order concluded that since the petitioner was already granted benefit of Section 41(1)(a) of the Cr.P.C. and charge-sheet was already submitted, the petitioner was directed to surrender before the court below and make prayer for regular bail which was to be disposed of by court below on the same day, keeping in view that there is general and omnibus allegation against the petitioner and he was given benefit of provision of Section 41(1)(a) of the Cr.P.C. and he has never misused the aforesaid privilege. The order was passed on  January 23, 2018.