SIDDHNATH SINGH vs THE STATE OF BIHAR

O R D E R

Leave granted .

We have heard learned counsel for the parties .

In our opinion, the impugned judgment/order dated 30.08.202 3 granting bail to respondent nos. 2 and 3, namely, Dharmendra Kuma r and Nirbhay Sharma @ Nirbhay Kumar respectively, cannot b e sustained. Firstly, the order is non-reasoned and does not refer t o and examine the facts and circumstances of the case. The secon d reason is that the impugned judgment/order does not note th e offence under Section 302 of the Indian Penal Code, 1860. Sectio n 302 was added on the death of Upendra Sharma. No doubt , subsequently, the order for correction was passed, but this factu m alone does not matter in view of the first reason recorded above , that is, there is no reason given in the impugned judgment/order .

In view of the aforesaid position, we set aside the impugne d judgment/order with an order of remand for fresh decision o f Criminal Miscellaneous no. 53365/2023 by the High Court on merits .

The High Court will independently apply its mind withou t being influenced by the impugned judgment/order or the presen t order of remand .

To cut short delay, parties are directed to appear before th e High Court on 06.02.2024 when a date of hearing will be fixed . Respondent nos. 2 and 3, namely, Dharmendra Kumar and Nirbha y Sharma @ Nirbhay Kumar respectively, will remain on bail, till th e aforesaid date. Thereupon, the High Court will be entitled to pas s interim order(s), if it is deemed necessary and required .

The appeal is allowed in the above terms .

Pending application(s), if any, shall stand disposed of .

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

(SANJIV KHANNA )

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

(DIPANKAR DATTA )

NEW DELHI ;

JANUARY 05, 2024 .

ITEM NO.30 COURT NO.2 SECTION II- A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDING S Petition for Special Leave to Appeal (Crl.) No. 14380/202 3 (Arising out of impugned final judgment and order dated 30-08-202 3 in CRLM No. 53365/2023 passed by the High Court of Judicature a t Patna )

SIDDHNATH SINGH Petitioner(s )

VERSU S STATE OF BIHAR & ORS. Respondent(s )

(IA No. 208847/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNE D JUDGMENT and IA No. 208848/2023 - EXEMPTION FROM FILING O.T. )

Date : 05-01-2024 This matter was called on for hearing today .

CORAM : HON'BLE MR. JUSTICE SANJIV KHANN A HON'BLE MR. JUSTICE DIPANKAR DATT A For Petitioner(s) Mr. Rohit Kumar Singh, AO R Mr. Shivam Sharma, Adv .

Mr. Akash Kumar, Adv .

Mr. Rana Prashant, Adv .

Mr. Harsh Tomar, Adv .

For Respondent(s )

Mr. Samir Ali Khan, AO R Mr. Pranjal Sharma, Adv .

Mr. Abhimanyu Jhamba, Adv .

Mr. Kashif Irshad Khan, Adv .

Mr. Sanjay Kumar Visen, AO R Mr. Manoj Singh, Adv .

Ms. Suvarna Singh, Adv .

Mr. Ram Chandra, Adv .

Ms. Shashi Verma, Adv .

UPON hearing the counsel the Court made the followin g

O R D E R

Leave granted .

The appeal is allowed in terms of the signed order .

Pending application(s), if any, shall stand disposed of .

(DEEPAK GUGLANI) (R.S. NARAYANAN )

AR-cum-PS ASSISTANT REGISTRA R (signed order is placed on the file )