Jano Yadav @ Janardan Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3274 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -PURAINI District- MADHEPURA ======================================================
1. Jano Yadav @ Janardan Yadav, S/o Late Laxmi Yadav,
2. Sahab Yadav @ Saeb Yadav S/o Haldhar Yadav,
3. Bambam Yadav @ Sanjeev Kumar S/o Haldhar Yadav, All R/o VillageLaskari, P.S.- Udakishunganj, District- Madhepura. .... .... Appellants/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellants/s : Mr. Shekhar Kumar Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-11-2017 The appellants seek regular bail in connection with Puraini P.S. Case No. 106 of 2016, registered for offences punishable under Sections 147, 427 and 436 of the Indian Penal Code, and Section 3(1)(S) of SC/ST (POA) Act. Allegation against the appellants and others is of abusing the informant by caste name and also of threatening to kill her and also set her house on fire due to which cattle got burnt. It has been submitted on behalf of the appellants that out and out false and fabricated allegations have been levelled. Further no specific allegation has been levelled and other accused persons having similar allegation has already been enlarged on bail by this Court vide order dated 13.10.2017 passed in Cr. Appeal (SJ) No.
Patna High Court CR. APP (SJ) No.3274 of 2017 (2) dt.23-11-2017 2/3 2440 of 2017 and appellants have been in custody since 29.07.2017.
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 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 Act, Madhepura, in connection with Puraini P.S. Case No. 106 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
Patna High Court CR. APP (SJ) No.3274 of 2017 (2) dt.23-11-2017 3/3 prosecution will be free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T