Sanjay Bind v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2771 of 2017 Arising Out of PS.Case No. -62 Year- 2016 Thana -SC/ST District- SASARAM (ROHTAS) ====================================================== Sanjay Bind Son of Jiut Bind, Resident of Village- Beda More, P.S. Muffasil, Sasaram, District Rohtas.

.... .... Appellant/s

Versus

1. The State of Bihar.

2. Ranjeet Dhobi, S/o Kishun Dhobi, Resident of Karup, P.S. Sheosagar,District Rohtas.

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

For the Appellant/s : Mr. Chakravarti Singh For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 The appellant is apprehending his arrest in connection with SC/ST Dehri P.S. Case No. 62 of 2016, registered for the offences punishable under Sections 341, 323, 325, 504, 379, 506 and 34 of the Indian Penal Code and under Sections 3(1)(R) of the SC/ST Act.

Allegation against the appellant is of causing fracture injury on his hand.

It has been submitted on behalf of the appellant is that there is no allegation of abusing by caste name and at best the case is made out under Section 304 of the Indian Penal Code. Heard learned Special PP also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that appellant has got no criminal antecedent and only general and omnibus

Patna High Court CR. APP (SJ) No.2771 of 2017 (3) dt.16-11-2017 allegation has been leveled against him, as such, this appeal is allowed and impugned order is set aside, let the appellant above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge, Sasaram at Rohtas in connection with SC/ST Dehri P.S. Case No. 62 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (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 shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive 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