Chhote Bind @ Abhay Bind @ Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1057 of 2017 Arising Out of PS.Case No. -68 Year- 2014 Thana -GHOSI District- JEHANABAD ======================================================

1. Chhote Bind @ Abhay Bind @ Abhay Kumar S/o Sri Devanand Bind R/o Vill - Anantpur, P.S. Ghosi, District Jehanabad. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rakesh Kumar For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-06-2017 The appellant seeks regular bail in connection with Ghosi P.S. Case No. 68 of 2014, registered for offences punishable under Section 302/34 of the Indian Penal Code and Section 3(1)(x)2(v) of SC/ST Act.

It has been submitted on behalf of the appellant that he is not named in the F.I.R, his name transpired in this case during the course of investigation only on suspicion and other co-accused against whom, there is allegation of assault has already been granted the privilege of bail and petitioner has been in custody since 07.02.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and the fact that save and except suspicion there is nothing against the petitioner and other coaccused against whom there is allegation of assault, has already been granted bail, as such, this appeal is allowed and impugned

Patna High Court CR. APP (SJ) No.1057 of 2017 (3) dt.23-06-2017 2/2 order is set aside. Let the appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Additonal Sessions Judge -1st, Jehanabad, in connection with Ghosi P.S. Case No. 68 of 2014, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant shall cooperate in the 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 reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T