Jay Mangal Singh Yadav @ Jay Mangal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1027 of 2017 Arising Out of PS.Case No. -22 Year- 2016 Thana -DEOKUND District- AURANGABAD ======================================================

1. Jay Mangal Singh Yadav @ Jay Mangal Yadav, Son of Lalxman Yadav, Resident of Village- Hathiyara, Police Station- Deokund, DistrictAurangabad. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Bipin Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-06-2017 The appellant seeks regular bail in connection with Deokund P.S. Case No. 22 of 2016, registered for offences punishable under Section 302, 326, 504, 506 and 120(B) of the Indian Penal Code, Section 27 of the Arms Act and Section 3(1)(v)/3(s)/3(2)(v) of SC/ST Act.

It has been submitted on behalf of the appellant that only general and omnibus allegation has been levelled against the appellant and other co-accused persons and no specific allegation of assault has been levelled against the appellant and he has been in judicial custody since 09.11.2016.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case that no specific allegation has been attributed to this appellant and also appellant has no criminal antecedent and has remained in judicial custody for more than seven months, as such, this appeal is allowed and impugned order

Patna High Court CR. APP (SJ) No.1027 of 2017 (5) dt.23-06-2017 2/2 is set aside. Let the appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Daudnagar, Aurangabad, in connection with Deokund P.S. Case No. 22 of 2016, subject to the following conditions:- (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 will not induce any witness or tamper with the evidence.

(iii) The appellant shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below 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) sunil/- U T