High Court allowed criminal appeal against bail refusal, granting anticipatory/situational bail to appellant for 4 weeks on furnishing bonds and sureties upon arrest or surrender.
Appellant released on bail for four weeks if arrested or surrenders, by furnishing bond of Rs. 25,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.832 of 2019
Arising Out of PS. Case No.-93 Year-2018 Thana- AWTARNAGAR District- Saran
======================================================
UMESH SINGH @ UMESH PRASAD SINGH @ UMESH KUMAR SINGH S/o Shiv Prasad Singh Resident of Village- Fatehpur Chain Suaran, P.S.- Avtarnagar, District- Saran.
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Anuj Kumar Shrivastava For the Respondent/s : Mr.Binay Krishna ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 18-06-2019
Heard learned counsel for the appellant and the learned counsel appearing for the State.
This appeal is directed against the order dated 10.09.2018 passed by 1st Additional Sessions Judge, Saran at Chapra in A.B.P. No. 3065 of 2018 in connection with Avtarnagar P.S. Case No. 93 of 2018 registered under sections 376, 511, 323, 504/34 of the Indian Penal Code and Sections 3 (i)(x) of the S.C. and S.T. (Prevention of Atrocities) Act.
Learned counsel appearing for the appellant submits that the appellant has been falsely implicated in this case due to village politics. Nothing specific is alleged against this appellant rather the allegations levelled are general and
Patna High Court CR. APP (SJ) No.832 of 2019(4) dt.18-06-2019 2/2
omnibus against all the accused persons. Moreover, the present case has been lodged after two months of the alleged occurrence without there being any plausible explanation for the delay. Appellant is a man of clean antecedent.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the appellant, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 25,000/(Twentyfive thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Saran at Chapra in connection with Avtarnagar P.S. Case No. 93 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C.
This appeal is allowed and the impugned order is set aside.
(Arvind Srivastava, J)
mcv/-
U T
1 issue framed by the court
Whether the appellant should be granted bail in a case involving rape and atrocities under the SC/ST Act after the High Court substituted bail for prior arrest/surrender conditions.
3 provisions across 2 enactments
Umesh Singh @ Umesh Prasad Singh @ Umesh Kumar Singh
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
