Patna High CourtCR. APP (SJ)/3477/2017allowed

Nachhatra Mahaldar And ANR v. The State Of Bihar

2018-02-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3477 of 2017 Arising Out of PS.Case No. -56 Year- 2017 Thana -RUPAULI District- PURNIA ======================================================

1. Nachhatra Mahaldar, Son of Late Tilak Mahaldar.

2. Chhatish Mahaldar, Son of Late Tilak Mahaldar. Both are resident of village- Kanp, P.S.- Rupauli, District- Purnea. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Vijay Kumar, Advocate For the Respondent/s : Mr. Smt Usha Kumari No-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-02-2018 Heard learned counsel for the appellants and learned A.P.P. for the State.

This petition for bail was earlier rejected by this Court by order dated 12.09.2017 passed in Cr. Appeal (S.J.) No. 2647 of 2017 with an observation with liberty to the appellants to renew their prayer for bail after framing of charge in this case. Submission of the learned counsel for the appellants submits that there is general and omnibus allegation against all accused persons including the appellants and there is no specific allegation against the appellants and charge has not been framed but they are in custody since 24.05.2017.

Learned A.P.P. also opposes the prayer for bail.

Patna High Court CR. APP (SJ) No.3477 of 2017 (4) dt.07-02-2018 2/2 Having heard both sides and in view of the facts and circumstances as stated above, let the appellants, above named, be released on bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand ) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge- cumSpecial Judge, Purnea in connection with Special SC/ST Case No. 33 of 2017 arising out of Rupauli ( Mohanpur) P.S.Case No. 56 of 2017, subject to the conditions that they will cooperate in the trial and appear before the Court concerned as and when required, failing which their bail bonds will be cancelled. With this observation, this application is according allowed.

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