Ravi Singh @ Ravi Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4097 of 2021 Arising Out of PS. Case No.-105 Year-2018 Thana- PATAHI District- East Champaran ====================================================== Ravi Singh @ Ravi Shankar Singh Son Of Shyam Nandan Singh Resident Of Village- Tola Bhogahan, P.S.- Barhat, Panro, District- Jamui. ... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Anil Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2022 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 07.08.2021 passed by learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, East Champaran at Motihari in connection with Patahi P.S. Case No. 105 of 2018 instituted for the offences punishable under Sections 302, 201, 392, 120(B) of the Indian Penal Code and Section 3(2)(va) of the SC & ST (Prevention of Atrocities) Act, whereby his prayer for being released on anticipatory bail has been rejected.

It is a case of commission of murder of the

Patna High Court CR. APP (SJ) No.4097 of 2021(3) dt.25-08-2022 2/3 brother of the informant by unknown criminals. It is submitted by learned counsel for the appellant that appellant has falsely been implicated in this case. The appellant was not apprehended from the spot nor anything has been recovered from his conscious possession. The name of the appellant has been sprang up only on the confessional statement of co-accused Rajbir Singh which is not admissible in the eyes of law. A statement has been made in para 3 of the petition that appellant has no criminal antecedent.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 07.08.2021 passed by learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, East Champaran at Motihari in connection with Patahi P.S. Case No. 105 of 2018.

Accordingly, this appeal is allowed.

The appellant, above named, is directed to be released on bail in the event of his arrest or surrender

Patna High Court CR. APP (SJ) No.4097 of 2021(3) dt.25-08-2022 3/3 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-I-cumSpecial Judge, SC/ST Act, East Champaran at Motihari in connection with Patahi P.S. Case No. 105 of 2018. (Sunil Kumar Panwar, J) Shageer/- U T