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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(Arising out of SLP(Criminal) No. 16625/2023 )
DINESH KUMAR SINGH APPELLANT
VERSUS
STATE OF BIHAR & ANR. RESPONDENTS
O R D E R
1. Leave granted.
2. The complainant has laid a challenge to the order dated 12.10.2023 passed by the High Court of Judicature at Patna, granting anticipatory bail to respondent no.2
in a case under Sections 307, 341, 323, 324, 504 and 506 of the Indian Penal Code, 1860.
3. Heard learned counsel for the parties and perused the record.
4. There are two reasons that prompt us to set aside the impugned order and remit the case to the High Court for fresh consideration of the second respondents prayer
for the grant of anticipatory bail. Firstly, we see no compelling reason for the High Court to make observations on the merits of the case as has been done in paragraph 6 of the impugned order. If these observations are allowed to sustain, can respondent no.2 be ever guilty, even if he is found so? Second, is there any impact of initiation of proceedings under Sections 82 and 83 of the Code of Criminal Procedure, 1973, on the prayer for grant of anticipatory bail? It seems that either no argument was raised before the High Court on these issues or the same could not be considered in its right perspective.

5. Consequently, the appeal is allowed. The impugned order dated 12.10.2023 is set aside. The matter is remitted to the High Court to decide Criminal Miscellaneous No.57503/2023 afresh after hearing the parties, including the complainant.

6. We request the High Court to decide the matter within six weeks.
7. Till such time, respondent no.2 shall continue on interim bail.
8. It is clarified that we have not expressed any opinion on the merits of the case.

……………….J.
(SURYA KANT)
……………….J.
(K.V. VISWANATHAN)
New Delhi;
February 23, 2024

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ITEM NO.30 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.) No(s).16625/2023
(Arising out of impugned final judgment and order dated 12-10-2023
in CRLM No.57503/2023 passed by the High Court Of Judicature At
Patna)
DINESH KUMAR SINGH Petitioner(s)
VERSUS
STATE OF BIHAR & ANR. Respondent(s)
(FOR ADMISSION and I.R. and IA No.265382/2023-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.265381/2023-EXEMPTION FROM
FILING O.T.)

Date : 23-02-2024 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Mr. Shyam Kishore Sharma, Sr. Adv.
Mr. Prashant Kumar, AOR
Mr. Sankalp Suman, Adv.
Ms. Theepa M., Adv.

For Respondent(s) Mr. Anshul Narayan, Adv.
Mr. Prem Prakash, AOR

UPON hearing the counsel the Court made the following
O R D E R
1. Leave granted.
2. The appeal is allowed in terms of the signed order.
3. All pending applications, if any, also stand disposed of.
(ARJUN BISHT) (PREETHI T.C.)
COURT MASTER (SH) COURT MASTER (NSH)
(signed order is placed on the file)