Rajbansh Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3209 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -SC/ST District- SASARAM (ROHTAS) ====================================================== Rajbansh Pandey, Son of Late Aditya Pandey, R/O Village Malhar, P.S. - Chenari, District Rohtas at Sasaram.

.... .... Appellant/s

Versus

1. The State of Bihar

2. Vir Basawan Ram, Son of Late Dwarika Ram, R/O Village - Malhar, P.S. - Chenari, District - Rohtas at Sasaram. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Tribhuwan Narayan For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 The appellant seeks regular bail in connection with SC/ST Dihari P.S. Case No. 33 of 2017, registered for the offences punishable under Sections 341, 436, 323, 504, 427, 506 and 34 of the Indian Penal Code and under Sections 3(i)(r)(s) of the SC/ST (Prevention of Atrocities) Act.

Allegation against the appellant is of damaging the hut of the informant and set on fire and abusing by caste name. It has been submitted on behalf of the appellant that actually the informant has constructed the hut illegally over the land which belongs to the appellant.

Heard learned Special PP also.

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

Patna High Court CR. APP (SJ) No.3209 of 2017 (2) dt.16-11-2017 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 Additional Sessions Judge-cum-Special Judge, Rohtas at Sasaram in connection with SC/ST Dihari P.S. Case No. 33 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 court below on two consecutinve dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

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