Ramesh Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1556 of 2017 Arising Out of PS.Case No. -181 Year- 2015 Thana -DIGHWARA District- SARAN ======================================================
1. Ramesh Rai, S/o Chhathu Rai @ Ray,
2. Prakash Manjhi, S/o Late Bideshi Manjhi, Both residents of Majhauwan (Malkhachak), P.S.- Dighwara, District- Saran at Chapra. .... .... Appellants
Versus
The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Nawal Kishore Singh, Advocate For the Respondent/s : Smt Usha Kumari No-1, Spl pp ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2017 The appellants seek bail in connection with Dighwara P.S. Case No. 181/15 registered for offences punishable under sections 302/34 of Indian Penal Penal and 3 (ii) (v) of SC/ST Act. Allegation against the appellants is that younger brother of the informant was going to drink liquor to these appellants where both the appellants had brutally assaulted the brother of the informant with fists and legs and dropped him in the bank of river, during the course of treatment brother of the informant died.
Learned counsel for the appellants submitted that they are innocent, they have not committed such offence. Further it also appears that in Post-Mortem report has not found any such external or internal injury on the person of deceased. Heard learned Special P.P. also. She also could not
Patna High Court CR. APP (SJ) No.1556 of 2017 (3) dt.10-07-2017 2/2 controvert the above submission.
Having heard both sides and considering the aforementioned facts and circumstances, this appeal is allowed, let appellant surrender before the Court of Special Judge within a period of four weeks and on his so surrendering the Court below will release him on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the Court of 1st Additional Sessions Judge/Special Court, Saran at Chapra in connection with Dighwara P.S. Case No. 181/15, subject to the following conditions:- (i) One of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The appellants shall cooperate in the disposal of trial and make themselves 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 T