Created by Fuzzy Cloud

Patna High Court

BHOLA SINGHversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The appeal is dismissed as withdrawn, with liberty granted to the appellants to file a fresh anticipatory bail application.

Summary

The appellants, five brothers, filed a criminal appeal (SJ) against the State of Bihar and Rina Devi, challenging an order dated 06.05.2024. The Special Public Prosecutor highlighted that the prosecution narrative in the impugned order did not correspond with the allegations in the FIR. The appellants' counsel could not refute this discrepancy and sought the Court's permission to withdraw the appeal and instead file a fresh anticipatory bail application before the District Court. The Court granted permission to withdraw the appeal with liberty to file the new bail application. Consequently, the appeal was dismissed as withdrawn.

Issues considered

  • Whether the appeal can be withdrawn at the stage of hearing.
  • Whether the appellants may be granted liberty to file a fresh anticipatory bail application after withdrawal.

Subjects

  • criminal appeal
  • withdrawal of appeal
  • anticipatory bail
  • prosecution story
  • FIR discrepancy

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3298 of 2024
                 Arising Out of PS. Case No.-284 Year-2023 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
           1.     BHOLA SINGH S/O LATE BASUDEO SINGH R/O VILLAGE-
                  RAMBAN, BRAHM ASTHAN, P.S- PAKARIDAYAL, DISTT.- EAST
                  CHAMPARAN.
           2.    BHAIRAV SINGH S/O LATE BASUDEO SINGH R/O VILLAGE-
                 RAMBAN, BRAHM ASTHAN, P.S- PAKARIDAYAL, DISTT.- EAST
                 CHAMPARAN.
           3.    RAJU SINGH S/O LATE BASUDEO SINGH R/O VILLAGE- RAMBAN,
                 BRAHM ASTHAN, P.S- PAKARIDAYAL, DISTT.- EAST CHAMPARAN.
           4.    BALIRAM SINGH S/O LATE BASUDEO SINGH R/O VILLAGE-
                 RAMBAN, BRAHM ASTHAN, P.S- PAKARIDAYAL, DISTT.- EAST
                 CHAMPARAN.
           5.    PATIRAM SINGH @ RAMPATI SINGH S/O LATE BASUDEO SINGH
                 R/O VILLAGE- RAMBAN, BRAHM ASTHAN, P.S- PAKARIDAYAL,
                 DISTT.- EAST CHAMPARAN.

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    RINA DEVI W/O RAJKUMAR PASWAN R/O VILLAGE- RAMBAN,
                 BRAHM ASTHAN, P.S- PAKARIDAYAL, DISTT.- EAST CHAMPARAN.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Radha Mohan Singh
                 For the Respondent/s    :        Mr. Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   25-03-2026                 1. Heard learned counsel for the appellants and the

                   learned Special PP for the State, Mr. Sadanand Paswan.

                               2. The learned Special PP, at the outset, draws the

                   attention of the Court to the order impugned dated 06.05.2024

                   and submits that from perusal of the order, it would manifest

                   that the prosecution story, as recorded in the order impugned,
            Patna High Court CR. APP (SJ) No.3298 of 2024(4) dt.25-03-2026
                                                         2/2




                      does not match with the allegation as alleged in the FIR.

                                   3. Learned counsel appearing on behalf of the

                      appellants is not in a position to rebut the said submission of the

                      learned Special PP for the State, as such, seeks permission to

                      withdraw the instant appeal with liberty to the appellants to file

                      a fresh anticipatory bail application before the learned District

                      Court.

                                   4. Permission is accorded.

                                   5. Accordingly,          the    appeal    is   dismissed   as

                      withdrawn with the liberty aforesaid.



                                                               (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.