Amresh Yadav @ Amresh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2662 of 2017 Arising Out of PS.Case No. -158 Year- 2017 Thana -BAKHTIARPUR District- SAHARSA ======================================================
1. Amresh Yadav @ Amresh Kumar Yadav Son of Late Bharat Yaa, R/o Village- Sakrauli, P.S.- Bakhtiyarpur, District- Saharsa. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Sameer Ranjan For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 The appellant seeks regular bail in connection with Special Case No. 258 of 2017, arising out of Simri Bakhtiyarpur P.S. Case No. 158 of 2017, registered for offences punishable under Sections 341, 323, 504 and 34 of the Indian Penal Code, and Section 3(1)(V)® of SC/ST (POA) Act.
Allegation against the appellant is of assault to the informant causing injury to him.
It has been submitted on behalf of the appellant that he has falsely been implicated in this case and only general and omnibus allegation of assault has been levelled against him and all the injuries caused to the informant was found to be simple in nature except one injury, which is on left leg of the informant. It has also been submitted that no allegation of abusing the
Patna High Court CR. APP (SJ) No.2662 of 2017 (3) dt.09-10-2017 2/3 informant by his caste name has been levelled against the appellant.
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 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, Saharsa, in connection with Special Case No. 258 of 2017, arising out of Simri Bakhtiyarpur P.S. Case No. 158 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
Patna High Court CR. APP (SJ) No.2662 of 2017 (3) dt.09-10-2017 3/3 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