RAM NARAYAN SINGH vs VIVEK KUMAR SINGH @ VIMLESH KUMAR SINGH @ VIMLESH SINGH AND ORS ETC. - 2024-02-09

O R D E R

1. Leave granted.

2. The appeal qua Manoj Jha @ Manoj Kumar Jha, who is respondent no.1 in Criminal Appeal No.745/2024 as well as Musafir Singh, who is respondent no.1 in Criminal Appeal No.746/2024, having regard to the fact that one of them has been discharged and the other is more than 85 years old respectively, is dismissed.

3. As regard to the other respondents, we have heard learned counsel for the parties and perused the record.

4. Keeping in view the gravity of the offence, where five people have been murdered at the spot as a result of involvement of over 40 persons in a fight free for all, we are of the considered opinion that the High Court ought to have given free hand to the Investigating Agency, including to subject the suspects to custodial interrogation. It is not a case where an effective investigation could take place by protecting the suspects with the orders of anticipatory bail. It has also come on record that against most of the respondents-accused, process under Section 82 and 83 of the Code of Criminal Procedure, 1973 (in short, Cr.P.C.) had been initiated as they were absconding. In such circumstances, the High Court fell in error in granting anticipatory bail to them and that too by making observations touching the merits of the prosecution case.

5. Consequently, Criminal Appeal No.744/2024 is allowed. The orders granting anticipatory bail to rest of the respondents (other than Manoj Kumar Jha and Musafir Singh) are hereby set aside. The prosecution/State Authorities are directed to arrest them forthwith. The Investigating Officer shall be entitled to take them on police remand for the custodial interrogation, if so required, for further interrogation in terms of Section 173(8) of Cr.P.C.. However, if the Investigating Agency does not deem it necessary to hold any further investigation, the respondents shall be at liberty to approach the Court of competent jurisdiction to release them on regular bail. Such an application shall be considered as per its own merits without being influenced by the observations made hereinabove.

6. The appeals are disposed of in above terms.

...................J.

(SURYA KANT)

...................J.

(K.V. VISWANATHAN)

New Delhi;

February 09, 2024 ITEM NO.26 COURT NO.4 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) Nos.12499-12501/2022 (Arising out of impugned final judgment and order dated 07-07-2022 in CRM No.51745/2021 07-07-2022 in CRM No. 52278/2021 07-07-2022 in CRM No.72547/2021 passed by the High Court Of Judicature At Patna)

RAM NARAYAN SINGH Petitioner(s)

VERSUS VIVEK KUMAR SINGH @ VIMLESH KUMAR SINGH @

VIMLESH SINGH AND ORS ETC. Respondent(s)

(IA No. 37675/2023 - EXEMPTION FROM FILING O.T., IA No. 37671/2023 - EXEMPTION FROM FILING O.T., IA No. 37663/2023 - EXEMPTION FROM FILING O.T.)

Date : 09-02-2024 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) Mr. Subhasish Bhowmick, AOR Ms. Manisha Pandey, Adv.

Ms. Neerja Sharma, Adv.

Mr. Rahul Kushwaha, Adv. Mr. Ashutosh Singh, Adv. Mr. Sohit Bhardwaj, Adv.

Ms. Honey Verma, Adv.

Mr. John Thomas Arakal, Adv.

For Respondent(s) Mr. Manoj Kumar Srivastava, AOR Mr. Himanshu, Adv.

Mr. Samir Ali Khan, AOR Mr. Pranjal Sharma, Adv.

Mr. Kashif Irshad Khan, Adv.

Mr. Abhimanyu Jhamba, Adv.

Mr. Aditya Jain-1, AOR Mr. Anil Kumar Mishra, Adv.

Mr. Supantha Sinha, Adv.

Mr. Anand Amrit Raj, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. Leave granted.

2. The appeal qua Manoj Jha @ Manoj Kumar Jha, who is respondent no.1 in Criminal Appeal No.745/2024 as well as Musafir Singh, who is respondent no.1 in Criminal Appeal No.746/2024, having regard to the fact that one of them has been discharged and the other is more than 85 years old respectively, is dismissed.

3. Criminal Appeal NO.744/2024 is allowed in terms of the signed order.

4. All pending applications, if any, stand disposed of.

(ARJUN BISHT) (PREETHI T.C.)

COURT MASTER (SH) COURT MASTER (NSH)

(signed order is placed on the file)