Patna High CourtCR. APP (SJ)/1875/2017bail granted

Madan Sahani @ Madan Sahni v. The State Of Bihar

2017-07-05Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court CR. APP (SJ) No.1875 of 2017 (2) dt.05-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1875 of 2017 Arising Out of PS.Case No. -145 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Madan Sahani @ Madan Sahni, son of Kuis Sahani, Resident of VillageMajhar Godhia Tola, Police Station- Pakari Dayal, District- East Champaran.

.... .... Appellant/s

Versus

1. The State of Bihar. null null .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Dhurendra Kumar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 The appellant seeks regular bail in connection with Pakaridyal P.S.Case No.145 of 2016, registered for offences punishable under Sections 147, 149, 341, 323, 325, 354(A), 436,, 504, 506 and 120(B) of the Indian Penal Code and Section 3(v)(xi)(xv) of SC/ST (POA) Act.

The appellant had earlier moved before this Court for grant of bail, which was rejected by order dated 19.05.2017 passed in Cr. Appeal No.974 of 2017 (S.J.) with an observation that 'he will renew his prayer for bail after framing of charge'. It is submitted on behalf of the appellant that now the charge has been framed, which will appear from Annexure-5 and the petitioner has also remained in custody for about seven months.

Heard learned Special P.P. also.

Having heard both sides in view of the above facts and

Patna High Court CR. APP (SJ) No.1875 of 2017 (2) dt.05-07-2017 circumstances, this appeal is allowed.

Let the appellant above named, be released on bail on furnishing bail bonds of Rs.25,000 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge, S.C./S.T., East Champaran, Motihari in connection with Pakaridyal P.S.Case No.145 of 2016, after setting aside order dated 03.06.2017 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, East Champaran, Motihari in Pakaridyal P.S.Case No.145 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 will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) chn/- U