Manoj Yadav v. The State Of Bihar

Patna High Court CR. APP (SJ) No.1697 of 2017 (2) dt.01-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1697 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -AMAS District- GAYA ====================================================== Manoj Yadav, son of Doman Yadav, Resident of Village- Jhari, P.S. Amas, District- Gaya.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Sudhir Kumar Sinha, Adv. For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 This appeal is for grant of regular bail in connection with Amas P.S. Case No. 04/2017 registered for the offence under section(s) 341, 323, 447, 504/34 and section(s) 3 (1) (c) of the SC/ST (POA) Act.

Submission of the learned counsel for the appellant is that though there is a general and omnibus allegation against the appellant for assaulting and abusing the informant by taking his caste name. There is no specific allegation against the appellant and a counter case has already been lodged by the appellant, which is Annexure-2 to this appeal and the appellant is in custody since 17.01.2017.

Heard learned Public Prosecutor also.

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

Patna High Court CR. APP (SJ) No.1697 of 2017 (2) dt.01-07-2017 impugned order is set aside.

Let the appellant, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge SC/ST Gaya in connection with Amas P.S. Case No. 04/2017, 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 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 rhyme or reasons, the prosecution will have liberty to move for cancellation of his bail.

(Vinod Kumar Sinha, J) Mahesh/- U T