Chhathu Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1930 of 2017 Arising Out of PS.Case No. -334 Year- 2015 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Chhathu Sah sonof Late Nagina Sah

2. Rahul Paswan, son of Sharma Paswan

3. Ramashankar Yadav @ Khakhnu Yadav, son of Sheo Narain Yadav

4. Pappu Kumar @ Pappu Yadav, son of Rama Shankar Yadav .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-07-2017 The appellants seek regular bail in connection with Dinara (Bhanas) P.S.Case No.334 of 2015 registered for offences punishable under Section 147, 148, 149, 323, 504 and 506 of the Indian Penal Code and Section 3 (i)(x) of SC/ST (POA) Act. Submissions of the learned counsel for the appellants is that they have been falsely implicated in this case and there is general and omnibus allegation against them and all the Sections are bailable except Section 3 (i)(x) 3 (i)(x) of SC/ST (Prevention of Atrocities) Act and Section 27 of the Arms Act. It is also submitted that the appellants are in custody for more than three months.

Heard learned Special P.P. also.

Having heard both sides in view of the above facts and

Patna High Court CR. APP (SJ) No.1930 of 2017 (2) dt.07-07-2017 2/2 circumstances, this appeal is allowed.

Let the appellants above named, be released on bail on furnishing bail bonds of Rs.25,000 (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judgecum-Special Judge S.C./S.T. (Prevention of Atrocities) Act Rohtas at Sasaram in connection with Dinanara (Bhanas) Case No.334 of 2015, after setting aside order dated 7.6.2017 passed by the First Additional District and Sessions Judge-cum-Special Judge S.C./S.T. (Prevention of Atrocities) Act Rohtas at Sasaram in B.P.No.708 of 2017 arising out of Dinara (Bhanas) P.S.Case No.334 of 2015, 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) chn/- U