Bhuar Mahto @ Nitesh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1721 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -SANJHAULI District- SASARAM (ROHTAS) ======================================================

1. Bhuar Mahto @ Nitesh, Son of Ambika Singh, R/o Village- Basaura, P.S.- Sanjauli, District- Rohtas.

2. Sanjay Singh, Son of Jag Bihari Singh, R/o Village- Kaithi Toal, P.S.- Sanjhauli, District- Rohtas.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Jay Prakash Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2017 The appellants seek regular bail in connection with Sanjhauli P.S. Case No. 33 of 2017, registered for offences punishable under Sections 448, 341, 504, 323, 307 and 34 of the Indian Penal Code and Section 3(1)(r)(s) of SC/ST Act. Allegation against the appellants that they assaulted the husband of the informant causing injury to him. It has been submitted on behalf of the appellants that the present case is the counter version of a case lodged by the appellant and falsity of the prosecution story will appear from the fact that injuries caused to the person of husband of the informant were found to be simple in nature. Further appellants are in

Patna High Court CR. APP (SJ) No.1721 of 2017 (2) dt.03-07-2017 2/3 custody since 03.04.2017.

Heard learned special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and impugned order is set aside. Let the appellants above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Rohtas, Sasaram, in connection with Sanjhauli P.S. Case No. 33 of 2017, 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 will not induce any witness or tamper with the evidence.

(iii) 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 their part to appear before the court below on two consecutive dates without showing any genuine reasons, the

Patna High Court CR. APP (SJ) No.1721 of 2017 (2) dt.03-07-2017 3/3 prosecution will be free to move for cancellation of their bail bonds.

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