Patna High CourtCR. APP (SJ)/279/2017allowed

Sipu Singh v. The State Of Bihar

2017-02-22Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court CR. APP (SJ) No.279 of 2017 (02) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.279 of 2017 Arising Out of PS.Case No. -175 Year- 2016 Thana -MUFFASIL District- AURANGABAD ====================================================== Sipu Singh, S/o Maheshwar Singh @ Madheshwar Prasad, resident of Village- Raypura, P.S.- Aurangabad (Muffasil), District- Aurangabad. .... .... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s : Mr. Bhaskar Shankar -Advocate For the Respondent/s : Mr. Sri Sadanand Paswan-S.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 22-02-2017 Heard learned counsel for the appellant as well as learned Special Public Prosecutor.

Appellant having been refused to be enlarged on regular bail vide order dated 17.12.2016 by the 1st Additional Sessions Judge, Aurangabad relating to Aurangabad Mufassil P. S. Case No. 175 of 2016, has preferred instant appeal. For an occurrence allegedly committed on 31.10.2016, written report was filed on 03.11.2016 wherein there happens to be allegation against the appellant and others in omnibus manner that after abusing by caste name, they assaulted with spear, garasa, sword and then, snatched away golden chain. During course thereof, informant's wife Anju Devi was also assaulted. Appellant happens to be under custody since

Patna High Court CR. APP (SJ) No.279 of 2017 (02) dt.22-02-2017 22.11.2016.

Delay is found unexplained apart from the fact that from the order impugned, it is evident that no injury report is available on the case diary relating to the informant as well as his wife.

Consequent thereupon, setting aside the order impugned, appellant, Sipu Singh is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Aurangabad in connection with Aurangabad (Mufassil) P. S. Case No.175 of 2016. Accordingly, appeal is allowed.

(Aditya Kumar Trivedi, J) Vikash/- U T