Uma Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1079 of 2017 Arising Out of PS.Case No. -83 Year- 2016 Thana -ROHTAS District- SASARAM (ROHTAS) ====================================================== Uma Singh, S/o Hardev Singh, R/o village - Bhisra, P.S. Amjhor, Distt. - Rohtas .... .... Appellant

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Sanjeev Kumar with M/S Priya Ranjan, Amit Kumar Singh, Advocates For the Respondent/s : Smt Usha Kumari No-1, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-05-2017 Heard learned counsel for the appellant and learned Special P.P.

This appeal has been filed for setting aside the order dated 17.3.2017 passed by 1st Additional Sessions Judge, Rohtas at Sasaram, in Regular Bail Application No. 273 of 2017, arising out of Rohtas/Amjhaur P.S.case No. 83 of 2016 instituted under Sections 147, 148, 149, 341, 323, 337, 338, 307, 353, 350, 171 (f), 426, 427/34 of the Indian Penal Code and 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for granting bail to the appellant.

Allegation as per FIR is that during Panchayat election there was a mob of 250 persons, in which six persons are named, who were raising hulla and they entered inside the booth. It is also alleged that they have damaged public property and made derogatory remarks by using caste name also and further allegation is that some persons were arrested at the spot, who have disclosed the name of the appellant.

It has been submitted on behalf of the appellant that no specific allegation has been attributed against the appellant and

Patna High Court CR. APP (SJ) No.1079 of 2017 (5) dt.25-05-2017 2/2 he is in custody for more than three months.

Learned Special P.P. could not controvert the above submission.

Having heard both sides and in view of facts and circumstances, as stated above, let the appellant, named above, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Rohtas at Sasaram, in connection with Rohtas/Amjhaur P.S.Case No. 83 of 2016, subject to the conditions that one of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, he will co-operate in disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail and further he will not induce any witness or tamper with the evidence.

Accordingly, this appeal is allowed, impugned order is set aside with above direction.

(Vinod Kumar Sinha, J) spal/- U