Single judge allowed this criminal appeal against the rejection of anticipatory bail. The appellant was directed to be released on bail upon furnishing bonds and producing sureties within four weeks.
Released on bail via Rs. 10,000 bond with two sureties of Rs. 10,000 each within four weeks.
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.154 of 2022
Arising Out of PS. Case No.-553 Year-2020 Thana- ARA NAGAR District- Bhojpur
======================================================
Ridhi Singh @ Nidhi Singh Son Of Sunil Singh Resident Of VillageNathmalpur, Police Station- Barhara, District- Bhojpur, At Present Mohalla Gaushganj, Police Station- Ara Town, District- Bhojpur
... ... Appellant/s
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Ramakant Sharma, Sr. Adv For the Respondent/s : Mr.Usha Kumari 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 23-08-2022
Heard learned counsel for the appellant and
learned Special P.P for the State.
The appellant has challenged the order dated
02.12.2021 passed by learned Additional Sessions Judge, 1st , Bhojpur at Ara in connection with Ara Town P.S. Case No. 553 of 2020(SC/ST P.S. Case No. 56 of 2021) instituted for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(2)(v) of the SC & ST (Prevention of Atrocities) Act, whereby his
Patna High Court CR. APP (SJ) No.154 of 2022(4) dt.23-08-2022 2/3
prayer for being released on anticipatory bail has been rejected.
The accusation is of killing the son of the informant by gunshot firing.
It is submitted by learned counsel for the appellant that appellant has falsely been implicated in this case. The appellant was not named in the F.I.R and his name sprang up subsequently on the confessional statement of co-accused Mithlesh Paswan and Kariya Singh and except the confessional statement, there is no material evidence against the appellant. A statement has been made in para 3 of the petition that apart from the present case, the appellant is accused in one other case.
Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail of the appellant.
Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 02.12.2021 passed by learned Additional Sessions
Patna High Court CR. APP (SJ) No.154 of 2022(4) dt.23-08-2022 3/3
Judge, 1st , Bhojpur at Ara in connection with Ara Town P.S. Case No. 553 of 2020(SC/ST P.S. Case No. 56 of
2021).
Accordingly, this appeal is allowed.
The appellant, above named, is directed to be
released on bail in the event of his arrest or surrender within a period of four weeks from today and on his furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st , Bhojpur at Ara in connection with Ara Town P.S. Case No. 553 of 2020(SC/ST P.S. Case No. 56 of 2021).
(Sunil Kumar Panwar, J)
Shageer/-
U T
2 issues framed by the court
Whether the appeal against the rejection of anticipatory bail prayer should be allowed.
Whether the appellant should be released on bail after this appeal is decided.
Ridhi Singh @ Nidhi Singh
The State Of Bihar
Kamakhya Narayan Ram
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
