Rakesh Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1786 of 2017 Arising Out of PS.Case No. -179 Year- 2016 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Rakesh Gupta, son of Late Shivji Sah, resident of Village- Patdaura, P.S.- Bajpatti, District- Sitamarhi.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Vaidehi Raman Prasad Singh For the Respondent/s : Mr. Sri Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 The appellant seeks regular bail in connection with Bajpatti P.S.Case No.179 of 2016, registered for offences punishable under Section 147, 149, 341, 323, 324, 307, 326, 504 & 506 of the Indian Penal Code and Section 3(i)(x) of SC/ST (POA) Act.

Submissions of the learned counsel for the appellant is that there is allegation of assaulting by 'Farsa' against this appellant on the informant, however, the injury was found to be simple in nature, which he has stated that on oath in para 7 of the petition and the another co-accused having similar allegation has already been granted bail by this Court, vide order dated 17.4.2017 passed in Cr. Appeal (SJ) No.680 of 2017 and the appellant is in custody since 29.3.2017.

Heard learned Special P.P.

Having heard both sides, in view of the above facts and circumstances, this appeal is allowed.

Patna High Court CR. APP (SJ) No.1786 of 2017 (2) dt.01-07-2017 2/3 Let the appellant above named, be released on bail on furnishing bail bonds of Rs.25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge (S.C./S.T.) Act, Sitamarhi in connection with Bajpatti P.S.Case No.179 of 2016, after setting aside order dated 30.5.2017 passed by the learned Spl. Judge (S.C./S.T.) Act, Sitamarhi in connection with Bajpatti P.S.Case No.179 of 2016, subject to the following conditions:- One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(i) The appellant will not induce any witness or tamper with the evidence.

(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 will be free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) chn/- U

Patna High Court CR. APP (SJ) No.1786 of 2017 (2) dt.01-07-2017 3/3