Patil Yadav @ Subhuk Lal Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1876 of 2017 Arising Out of PS.Case No. -433 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Patil Yadav @ Subhuk Lal Yadav, son of Ram Kishun Yadav,
2. Rabin Yadav, son of Late Ram Kishun Yadav, Both resident of VillageDurgapur, Police Station- Mufassil, District- Khagaria. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Binay Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2017 The appellants seek regular bail in connection with Khagaria Muffasil P.S. Case No. 433 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 323, 386 of Indian Penal Code, Section 27 of the Arms Act and Section 3(x) of SC/ST (POA) Act.
Allegation against the appellants that they tried to outrage the modesty of the wife of the informant and also made fire. It has been submitted on behalf of the appellants that they have falsely been implicated in this case and though there is allegation against appellant no. 1 of firing, however, the same did not hit anyone. It has also been submitted that earlier one of the appellants had filed a case against the informant for kidnapping of his daughter and only to take revenge this case has been filed and
the above section of SC/ST Act has been added to make the allegations serious. Further they are in custody since 23.04.2017. Heard learned Special P.P.
Having heard both sides, in view of the above facts, this appeal is allowed, let the appellants above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Khagaria, in connection with Khagaria Muffasil P.S. Case No. 433 of 2016, subject to the following conditions:- (i) One of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The appellants will not induce any witness or tamper with the evidence.
(iii) The appellants shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the
prosecution will be free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T