Sanjay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2832 of 2023 Arising Out of PS. Case No.-505 Year-2022 Thana- AMAS District- Gaya ====================================================== 1.
SANJAY KUMAR SINGH SON OF LATE BABURAM SINGH RESIDENT OF VILLAGE MAJHAULIYA POLICE STATION AMAS DISTRICT GAYA 2.
DEVENDRA SINGH @ DEVENDRA KUMAR SINGH SON OF SHEO PUJAN SINGH RESIDENT OF VILLAGE- SAREWA, PS- GURARU, DISTRICT- GAYA 3.
RASHMIT KUMAR @ DULDUL SINGH S/O ANJAY KUMAR SINGH R/O VILLAGE- MAJHAULIYA, PS. AMAS, DIST. GAYA ... ... Appellant/s
Versus
1.
THE STATE OF BIHAR 2.
ANUP KUMAR RANJAN TEACHER, PROJECT SHIVBALAK GIRLS INTER SCHOOL, AMAS, POLICE STATION- AMAS, DISTRICT- GAYA ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Jitendra Prasad Singh For the Respondent/s :
Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-07-2023
1. Heard learned counsel for the appellant and learned Special P.P. for the State, Ms. Usha Kumari No. 1.
2. Learned counsel for the appellant submits that the appellant is a person with clean antecedent, it is further submitted that police after investigation finding the appellant to be innocent submitted the final form but the learned Trial Court in a mechanical manner differing with the police report took cognizance, it is next submitted that one investigating agency after threadbare investigation came to a considered conclusion
Patna High Court CR. APP (SJ) No.2832 of 2023(2) dt.31-07-2023 2/2 that appellant is innocent, would it be justified in sending the petitioner to jail at this stage.
3. Learned Special P.P. for the State, Ms. Usha Kumari No. 1, though is not in a position to rebut the submission of the learned counsel for the appellant but then submits that since cognizance has been taken, as such, the appeal has become infructuous.
4. Learned counsel for the appellant, after hearing the learned Special P.P. for the State, very fairly seeks permission to withdraw the present appeal.
5. Permission is accorded.
6. However, it is made clear that in the event if the appellant surrenders on or before 18.08.2023, the learned Trial Court shall dispose of the case on the same day keeping in mind that the police after investigation submitted final form finding the appellant to be innocent.
(Satyavrat Verma, J) HarshPandey/- U T