Ridhi Singh @ Nidhi Singh v. The State Of Bihar

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

Versus

1.

The State Of Bihar 2.

Kamakhya Narayan Ram Late Mahangu Ram R/o village-Gausganj, P.S.- Ara Town, District-Bhojpur(Ara) ... ... 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 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