ANJAN GHOSAL Vs. STATE

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner as well as the ld. Counsel for the State.

(2.) By this application under section 439 Cr.P.C. petitioner has prayed for a direction to release him on bail in connection with Suri P.S. Case No. 97/99 under sections 461/487/420/418/406/403 and 120B, I.P.C.

(3.) Petitioner has not yet been taken into custody by any Court or police authority. Admittedly, an application under section 439 Cr.P.C. can be entertained only when an accused is in custody. Nowhere in the petition it has been stated that the petitioner is in custody. Now, the question that arises for my decision in this matter is that in view of the circumstances of this case can it be held that petitioner is in custody?