Allowed

Ashok Singh v. The State of Bihar

Patna HC18 May 2023CR. APP (SJ)/1984/2021

Case brief

AI extract

What is this about?

In a criminal appeal, the High Court allowed the challenge to the rejection of anticipatory bail. The court granted bail to appellants in a case under the SC/ST Act and IPC, setting aside the impugned order and directing their release upon arrest or surrender within four weeks, subject to bond conditions.

What did the court decide?

Appellants to be released on bail within four weeks upon arrest or surrender, subject to personal bonds under Section 438(2) CrPC.

Ashok Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1984 of 2021

¶2

Arising Out of PS. Case No.-27 Year-2019 Thana- SC/ST District- Purnia

¶3

======================================================

¶4

ASHOK SINGH Son of Late Chhathu Singh Resident of Village - Maharajpur, P.S. - Sadar (Muffasil), District - Purnea.

¶5

YOGENDRA SINGH Son of Late Chhathu Singh Resident of Village - Maharajpur, P.S. - Sadar (Muffasil), District - Purnea.

¶6

BINOD SINGH Son of Yogendra Singh Resident of Village - Maharajpur, P.S. - Sadar (Muffasil), District - Purnea.

¶7

RAVINDRA SINGH Son of Yogendra Singh Resident of Village - Maharajpur, P.S. - Sadar (Muffasil), District - Purnea.

¶8

... ... Appellant/s

¶9

Versus

¶10

The State of Bihar

¶11

Banji Tuddu Jaddu Soren R/O-Mahrajpur Besbar,P.S-Sadar Muffasil,District-Purnea

¶12

... ... Respondent/s

¶13

====================================================== Appearance : For the Appellant/s : Mr. Ram Prawesh Kumar For the Respondent/s : Mr. Special P.P. ======================================================

¶14

CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER

¶15

4 18-05-2023 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.

¶16

This appeal has been preferred against the order dated 11.02.2021 passed by learned 1st Additional Sessions Judge-cum-Special Judge (SC/ST), Purnea in connection with SC/ST Case No. 27 of 2019 registered under Sections 354(B), 120(B) and 34 of the Indian Penal Code and Sections 3(i)(r)(s) (w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the prayer for anticipatory bail of

¶17

Patna High Court CR. APP (SJ) No.1984 of 2021(4) dt.18-05-2023 2/2

¶18

the appellants has been rejected.

¶19

Learned counsel for the appellants submits that the appellant is innocent and has falsely been implicated in the present case on account of personal grudge. In the instant case, the complaint case is lodged after lapse of six months of the alleged occurrence. Further he submits that the appellants have no criminal antecedent.

¶20

Considering the aforesaid facts, let the appellants, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be released on bail on furnishing personal bonds to the satisfaction of Additional Sessions Judge-I-cumSpecial Judge, SC/ST Act, Purnea in connection with SC/ST Case No. 27 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

¶21

Accordingly, the impugned order is set aside and the appeal is allowed.

¶22

(Arvind Srivastava, J)

¶23

shailendra/-

¶24

U T

Ashok Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ashok Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Child in Conflict With (Hereinafter Cicl) Namely Raman Kumar @ Karan Kumar (DOB-5-2-04) Vs the State of Bihar

Pradeep Mahto Vs The State of Bihar

MD Arshad @ MD Arshad Hussain Vs The State of Bihar

Urmila Kumari Vs the State of Bihar

Hareram Singh @ Raj Kumar Singh Vs The State of Bihar

Bikesh Kumar @ Bikesh Yadav Vs The State of Bihar