The single judge of Patna High Court allowed the appeal by setting aside the order rejecting anticipatory bail, considering the delay in filing the FIR, and directed the release of the appellant on bail within six weeks of surrender.
Appellant directed to be released on bail upon surrender within six weeks, furnishing bonds of Rs. 5000 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.1710 of 2024
Arising Out of PS. Case No.-8 Year-2024 Thana- NOWKOTHI GARHPURA DistrictBegusarai
======================================================
Adesh Kumar S/o Ajay Sahni R/o vill - Pahsara, ward no. 09, P.s. - Nawkothi, Dist. - Begusarai
... ... Appellant/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Anshu Dhar Sharma, Advocate For the Respondent/s : Ms. Usha Kumari No.1, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
4 11-09-2024
Special Public Prosecutor for the State and the learned counsel appearing on behalf of the respondent no.2.
Patna High Court CR. APP (SJ) No.1710 of 2024(4) dt.11-09-2024 2/3
instant case by the informant with an allegation that the appellant on 11.11.2023 burst a bomb in front of informant’s son, further on objection the accused surrounded him and tried to strangulate him by a Gamcha and also assaulted him with kick and fist, thereafter, Ajay came and assaulted the injured with knife and also abused and thereafter assaulted the father of the informant with kick and fist and also took away golden chain from the neck of the son of the informant and snatched rupees.
Patna High Court CR. APP (SJ) No.1710 of 2024(4) dt.11-09-2024 3/3
appearing on behalf of the respondent no.2 opposes the appeal application, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the appellant that the FIR came to be instituted after a delay of more than 70 days, which casts and aspersion on the case of the prosecution.
(Satyavrat Verma, J)
Prakash Narayan U T
3 issues framed by the court
Whether the order rejecting the application for anticipatory bail should be set aside due to explanation of delayed FIR.
Whether the appellant should be released on bail upon surrender within a specified period.
Whether the delay in lodging the FIR casts aspersion on the prosecution case warranting bail.
1 provisions across 1 enactments
Adesh Kumar
The State of Bihar
Subodh Paswan
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
