How to get anticipatory bail during vacation
A false FIR for 498 and 307 has been registered against us. We applied for anticipatory bail in lower court but it was rejected so we applied in Patna High court on 1st May but it has not came up for hearing. Court is going on vacation on 19th May, so is there any chance that we can secure atleast provisional bail or any chance that we can get anticipatory bail during special vacation bench.
One person who was arrested for this case is already out on regular bail. We lost in lower court becoz our lawyer didnt argue he just filed and affidavit or something and thats it. We dont know any good lawyer in patna. So can you guys please suggest what should I do as their family have political connection and we can not take risk to send our parents to jail.
Asked in Criminal Law from Patna, Bihar
1. Since the bail was filed before vacation , there is no chance that it would be heard in vacation.
2. You can mention the matter for urgent hearing and if the court thinks your case has urgency then it may hear you before vacation.
3. It appears you have already taken help of one lawyer in filing the case. if you want a senior lawyer to assist him then seek his help for reference.
1. Even during the vacations the bail matters are taken up for hearing by the courts. So you stand every chance to get bail from the HC during the vacations if your case comes on board.
2. Affidavit is required to be filed in the case but the oral arguments are also to be made unless the court insists on written arguments. So we cannot vouch for what happened in the lower court. Since your bail has already been rejected by the lower court you have to now carry the battle to the High Court.
3. What you should immediately do is engage a good lawyer and file for bail lest your parents are arrested and put behind bars. Since the other side has political connections police will be most active in arresting your parents. Bring a lawyer from outside Patna if you do not know one therein.
The court entertain criminal matters related to bail and other importance, your lawyer will have to speed up the action to bring the matter to mentioned in the court which is alloted to the vacation duty.High court has a vacation bench for this purpose to deal with emergency petitions.
Advocate can mention the matter before the court after filing a precepie or following the procedure as per the particular court procedure
You should not waste your time,since the other accused got bail there is a good chance to get bail, take the matter before the vacation bench by making a mention .
approach to your lawyer that file an application before court for urgency and try to listed the matter before court before the vacation otherwise your case will be listed after the vacation.
Advocate, New Delhi
1. There will be vacation bench of Patna High Court to hear urgent matters,
2. File the petition for A.B. before the said vacation bench,
3. Google serch your lawyer or visit Patna High Court for 7 days. You will get a reasonably effective lawyer practicing thre.