Bench allowed criminal appeal and set aside the bail rejection order. Court ordered the appellant to be released on bail by furnishing a bond of Rs. 10,000 with two sureties.
Appellant to be released on bail by furnishing bond of Rs. 10,000 with two sureties of the like amount.
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.247 of 2023
Arising Out of PS. Case No.-60 Year-2022 Thana- ANGARGHAT District- Samastipur
======================================================
Jitendra Kumar Ray @ Jitendra Kumar S/O Vasudeo Ray Resident Of Village- Jitwarpur, Ward No.- 7, P.S.- Mufassil, Samastipur, DistrictSamastipur.
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Abhay Shankar Singh For the Respondent/s : Mr.Usha Kumari 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 13-07-2023
Heard learned counsel for the appellant and
learned Special P.P for the State.
The appellant has challenged the order dated
15.10.2022 passed by learned Special Judge SC/ST(POA) Act, Samastipur in connection with Angarghat P.S. Case No. 60 of 2022 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)(va) of the SC/ST Act whereby his prayer
for being released on bail has been rejected.
Patna High Court CR. APP (SJ) No.247 of 2023(4) dt.13-07-2023 2/3
According to the prosecution case, the
informant got an information that her husband has been killed by some unknown persons when he went to watch the orchard.
It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. The appellant is not named in the F.I.R and his name subsequently transpired during investigation on the basis of confessional statement of co-accused Ajay Thakur. Nothing has been recovered from the conscious possession of the appellant and except confession of co-accused, no cogent material has come during investigation to suggest the involvement of the appellant in the present occurrence. The appellant is in custody since 26.08.2022. Moreover, similarly
situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 23.06.2023 passed in Cr. Appeal (SJ) No. 1289 of 2023.
Patna High Court CR. APP (SJ) No.247 of 2023(4) dt.13-07-2023 3/3
Learned Special P.P appearing on behalf of the
State has vehemently opposed the prayer for bail of the appellant.
Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 15.10.2022.
Accordingly, this appeal is allowed.
The appellant, above named, is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST (POA) Act, Samastipur in connection with Angarghat P.S. Case No. 60 of 2022.
(Sunil Kumar Panwar, J)
Shageer/-
U T
2 issues framed by the court
Whether bail should be granted to the appellant charged with offences under Section 302 IPC and SC/ST Act following the setting aside of a bail rejection order.
Whether the rejection of the bail application by the Special Judge requires setting aside in the interest of justice.
4 provisions across 3 enactments
Jitendra Kumar Ray @ Jitendra Kumar
The State of Bihar
Sarovari Devi
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
