Anil Prasad v. The State Of Bihar

Patna High Court CR. APP (SJ) No.1105 of 2017 (5) dt.25-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1105 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -JAMHORA District- AURANGABAD ====================================================== Anil Prasad S/o Late Birju Prasad resident of Village - Jamhore, P.S. - Jamhore, District - Aurangabad.

.... .... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s : Mr. Krishna Prasad Singh, Advocate : Mr. Saket Kumar Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl PP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2017 The appellant seek bail in connection with Jamhore P.S. Case No. 06 of 2017 registered for offences punishable under sections 307, 323, 341, 504, 147, 148, 149 of the Indian Penal Code and Section 3(1)(r), 3(1)(s), 3(1)(f), 3(2)(v) of SC/ST (POA) Act.

Allegation against the appellants is that when the informant alongwith other family members was cleaning his land, then appellant and other co-accused persons arrived there with lathi, Garasa and Tangi and started assaulting and abusing him and his family members by taking caste name in which they injured. Learned counsel for the appellant submitted that appellant is only general and omnibus in nature and no specific allegation has been attributed against the appellant. The appellant is in custody for five months.

Patna High Court CR. APP (SJ) No.1105 of 2017 (5) dt.25-07-2017 Heard learned Special P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, this appeal is allowed, let appellant above named be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1st-cumSpecial Judge SC/ST, Aurangabad, in connection with Jamhore P.S. Case No. 06 of 2017, 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 adduce any witness or tamper with the evidence.

(iii) The appellants shall cooperate in the disposal of trial and make him 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.

(Vinod Kumar Sinha, J) veena/- U