Dhrup Sah @ Dhup Sah v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2874 of 2017 (2) dt.16-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2874 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -SC/ST District- GOPALGANJ ======================================================

1. Dhrup Sah @ Dhup Sah Son of Late Kailash Sonar, Resident of VillageKuchaikote, P.S. Kuchaikote, District Gopalganj. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Naresh Prasad For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 The appellant seeks regular bail in connection with Gopalganj SC/ST P.S. Case No. 15 of 2017, registered for offences punishable under Sections 341, 323, 504, 379/34 of the Indian Penal Code, and Section 3(i)(r) of SC/ST (POA) Act. Allegation against the appellant and other is of abusing the informant by caste name and also of assaulting him. It has been submitted on behalf of the appellant that he has falsely been implicated in this case and only allegation against the petitioner is of abusing the informant by caste name and allegation of assaulting the informant is against other accused person of this case, for which he has sufficiently been punished for the said offence as he has been in judicial custody since 13.07.2017.

Heard learned Special P.P. also.

Having heard both sides, in view of the facts as stated above, this appeal is allowed and impugned order is set aside. Let

Patna High Court CR. APP (SJ) No.2874 of 2017 (2) dt.16-10-2017 the appellant 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-cum-Special Judge, Gopalganj, in connection with Gopalganj SC/ST P.S. Case No. 15 of 2017, 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