Patna High CourtCR. APP (SJ)/2700/2017allowed

Ram Nath Mukhiya And ANR v. The State Of Bihar

2017-10-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2700 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -SC/ST District- SAMASTIPUR ======================================================

1. Ram Nath Mukhiya, Son of Sajjilal Mukhiya

2. Bihari Mukhiya, Son of Ram Udgar Mukhiya, Both Resident of Villagekankari, P.S.-Singhiya, District-Samastipur. .... .... Appellants

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Krishna Prasad Singh For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 Heard learned counsel for the appellants.

This appeal has been filed for grant of bail in connection with Samastipur SC/ST P.S. Case No. 23 of 2017 registered for the offences punishable under Sections 147, 447, 448, 449, 341, 324, 307, 379, 504, 506 of the Indian Penal Code and Sections 3(1)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 28.7.2017 passed by Special Judge, SC/ST Act, Samastipur.

Allegation against the appellants is of abusing the informant and snatching Rs.47,000/- from him. Submission of learned counsel for the appellants is that there is general and omnibus allegation against 25 accused persons, including the appellants and they are in custody since 9.6.2017.

Patna High Court CR. APP (SJ) No.2700 of 2017 (3) dt.17-10-2017 2/2 Heard learned Special P.P.

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

Let the appellants, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, SC/ST Act, Samastipur, in connection with SC/ST P.S. Case No. 23 of 2017/ Registration No.346 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties in the jurisdiction of court concerned, (2) Appellants shall co-operate in trial and appear on each and every date and on failure to appear on two consecutive dates without showing any genuine ground or without permission of court, their bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U