The 3-Judge bench of Supreme Court comprising of Justices Sanjay Kishan Kaul, Krishna Murari and Hrishikesh Roy observed that holding high office does not entitle one to anticipatory bail.
Anil Kumar Singh and others have been accused under Section 447 of the Bihar Nagar Palika Act, 2007 for professed disclosure of false information in nomination papers which were submitted for General Nagar Palika elections, 2007. The State Election Commission had found that the allegation was correct as a result of which the commission declared the elections void. The commission also directed to lodge FIR against him under Section 447 of the Bihar Nagar Palika Act which is read with Section 420/34, Indian Penal Code
Regarding this, Anil Kumar Singh and others filed writ petition before the Supreme Court asking directions for the anticipatory bail applications pending before Patna High Court. The bench which was headed by Justice Sanjay Kishan Kaul told the petitioner that it is not possible to issue any such directions. The counsel then addressed the bench on merits of the case. The counsel submitted that the accused were 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 said.