Sibu Mian @ Sibu Ali @ Sibu Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1140 of 2017 Arising Out of PS.Case No. -48 Year- 2014 Thana -BELCHAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sibu Mian @ Sibu Ali @ Sibu Ahmad, Son of Md. Jamil, resident of Mohalla- Koeri Tola, P.S.- Bettiah Town, District- West Champaran. .... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Umesh Chandra Verma, Advocate For the Respondent/s : Smt Usha Kumari No-1, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2017 Heard learned counsel for the appellant and learned Special P.P.

This appeal has been filed for setting aside the order the order dated 9.3.2017 passed in B.P. No. 337 of 2017 by Additional Sessions Judge-II-cum-Special Judge, SC/ST Act, West Champaran, Bettiah, arising out of Balthar P.S.Case No. 48 of 2014 registered for the offences under Sections 302, 120B/34 of the Indian Penal Code, 27 of the Arms Act and 3(ii)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for grant of bail to the appellant.

Appellant is not named in the FIR and later on it appears that his name transpires during course of investigation. It has been submitted on behalf of the appellant that

Patna High Court CR. APP (SJ) No.1140 of 2017 (4) dt.28-06-2017 2/2 except suspicion as there was some occurrence prior to six years, there is nothing specific against the appellant nor he was last seen with the deceased and he is in custody for four months. Learned Special P.P. has opposed the prayer for bail. Having heard both sides and considering the facts and circumstances as above, this appeal is allowed and the impugned order is set aside. Appellant is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri S.D.Bharti, Additional Chief Judicial Magistrate-VII, West Champaran, Bettiah, in connection with Balthar P.S.Case No. 48 of 2014, subject to the conditions that one of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of court concerned and he will appear on each and every date in court, failing which his bail bond shall be cancelled. This appeal is, accordingly, disposed of.

(Vinod Kumar Sinha, J) spal/- U