Suresh Sahni And ANR v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2499 of 2017 (2) dt.31-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2499 of 2017 Arising Out of PS.Case No. -131 Year- 2016 Thana -UJIYARPUR District- SAMASTIPUR ======================================================

1. Suresh Sahni, Son of Bindeshwar Sahni, R/o Village- Saidpur Jahid, P.S.- Ujiarpur, District- Samastipur.

2. Raj Kumar Mahto Son of Janmenjay Mahto, R/o Village- Bhagwanpur, Kamal, P.S.- Ujiarpur, District- Samastipur.

.... .... Appellants/s

Versus

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

For the Appellants/s : Mr. Ashok Kumar Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 The appellants seek regular bail in connection with Ujiarpur P.S. Case No. 131 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 325, 332, 333, 307, 353, 379, 411 and 504 of the Indian Penal Code and Section 3(i)(x) of SC/ST Act.

Allegation against the appellants is of abusing the informant and also cutting the soil from public land. It has been submitted on behalf of the appellants that they have falsely been implicated in this case. Moreover, they have sufficiently been punished for the said offence as he has been in judicial custody for last one month.

Heard learned A.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 appellants above named, be released on bail on furnishing bail

Patna High Court CR. APP (SJ) No.2499 of 2017 (2) dt.31-08-2017 bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge SC/ST (POA) Act, Samastipur in connection with Ujiarpur P.S. Case No. 131 of 2016, 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) sunil/- U T