Bambam Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2711 of 2017 Arising Out of PS.Case No. -34 Year- 2017 Thana -BARIYARPUR District- MUNGER ======================================================

1. Bambam Rajak Son of Sunil Rajak @ Sulain Rajak, R/o VillageRaghunathpur Ghorghat, P.S.- Bariarpur, District- Munger. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Anamul Haque For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 Heard the parties.

The appellant seeks regular bail in connection with Bariyarpur P.S.Case No.34 2017 (g.R.No.695 of 2017) registered for offences punishable under Section 147, 148, 149, 323, 302,324, 325, 307, 448 and 504 of the Indian Penal Code and Section 3(i)(x) of SC/ST (Prevention of Atrocities Act) Act. Allegation against the appellant is and other coaccused persons is of assault on the deceased causing his death. Submitted of the learned counsel for the appellant is that there is a case and counter case between the parties and no specific allegation has been attributed against him. The appellant is in custody for about 5 1⁄2 months.

Heard learned Special P.P. also.

Patna High Court CR. APP (SJ) No.2711 of 2017 (2) dt.18-09-2017 2/2 Having heard both sides in view of the above facts and circumstances, this appeal is allowed.

Let the appellant above named, be released on bail on furnishing bail bonds of Rs.25,000 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.D.J. Ist-cum-Special Judge SC/ST, Munger in connection with Bariyarpur P.S.Case No.34 of 2017 after setting aside order dated 21.8.2017 passed by the learned A.D.J. Ist-cumSpecial Judge, SC/ST, Munger in Bariyarpur P.S.Case No.34 of 2017 (G.R.No.568 of 2017), subject to the following conditions:- (i) One of the bailors of the appellant shall be 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 co-operate in the disposal of trial and make himself available as and when required by the court concerned 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 will be free to move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) chn/- U T