Patna High CourtCR. APP (SJ)/2326/2017allowed

Abhay Singh v. The State Of Bihar

2017-09-15Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2326 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -KURTHA District- JEHANABAD ======================================================

1. Abhay Singh, Son of Pradip Singh, Resident of Village Kamariya, P.S. Kurtha, District- Arwal.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Paras Nath For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 Heard the parties.

The appellant seeks regular bail in Kurtha P.S. Case No.72 of 2017 registered for the offence under Sections 147, 148, 149, 341, 323, 307, 504, 427, 436 of the I.P.C. , Section 27 of Arms Act and Section 3(1) (r) (s) of SC/ST (Prevention of Atrocities ) Act. Allegation against the appellant is of firing on the informant and others but did not hit anybody.

Patna High Court CR. APP (SJ) No.2326 of 2017 (3) dt.15-09-2017 2/3 Submission of the learned counsel for the appellant is that he has been falsely implicated in this case and there is land dispute between the parties and he is in custody since 6.7.2017.

Heard learned Special P.P. also along with the informant who opposed the prayer for bail on the ground that he has criminal antecedent.

Having heard both sides and in view of the facts and circumstances, as stated above, this appeal is allowed. Let the appellant, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-1st,Jehanabad, in Kurtha P.S. Case No.72 of 2017 subject to the conditions that (1) one of the bailors of the appellant shall be a local person having sufficient immovable property within the

Patna High Court CR. APP (SJ) No.2326 of 2017 (3) dt.15-09-2017 3/3 jurisdiction of the concerned court. (2) The appellant will not induce any witness or tamper with the evidence. (3) The appellant shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. (Vinod Kumar Sinha, J) AnilKrSinha/- U