The Patna High Court allowed an appeal against the refusal of anticipatory bail. The court allowed a separate application to condone the 43-day delay in filing the appeal before granting bail to the appellant under the SC/ST Act.
The impugned order is set aside and the appellant is released on bail on a 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.642 of 2023
Arising Out of PS. Case No.-134 Year-2021 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
ANKIT KUMAR SINGH S/O RAKESH KUMAR SINGH @ RAKESH SINGH R/v- Bhadwar (Deuara), P.S.- Rohaniya, Block Dhanpalpur, DistrictVaransi (U.P.)
... ... Appellant/s
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Tribhuwan Narayan For the Respondent/s : Mr.Sadanand Paswan ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
4 23-08-2023
Re.: I.A. No.1 of 2023
Appellant has filed the aforesaid interlocutory application for condoning the delay of 43 days in preferring this appeal.
Patna High Court CR. APP (SJ) No.642 of 2023(4) dt.23-08-2023 2/4
in preferring this appeal is hereby condoned and aforesaid I.A. is, accordingly, allowed.
Cr. Appeal (SJ) No.642 of 2023
Patna High Court CR. APP (SJ) No.642 of 2023(4) dt.23-08-2023 3/4
Patna High Court CR. APP (SJ) No.642 of 2023(4) dt.23-08-2023 4/4
the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge cum Special Judge, Kaimur at Bhabhua in connection with Durgawati P.S. Case No.134 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
and this appeal is allowed.
(Anjani Kumar Sharan, J)
Trivedi/-
U T
2 issues framed by the court
Whether to allow or dismiss prosecution appeal against anticipatory bail rejection and grant bail under Section 14(A)(2) of the SC/ST Act.
Whether to condone 43-day delay in filing the appeal.
2 provisions across 2 enactments
Ankit Kumar Singh
State of Bihar
Sanjay Kumar Pasi
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
