Ram Prasad Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1436 of 2017 Arising Out of PS.Case No. -10 Year- 2016 Thana -SC/ST District- JAMUI ====================================================== Ram Prasad Yadav Son of Late Ramtirth Yadav @ Late Lalo Yadav Resident of Village - Khalasi Mohalla, P.S. - Jhajha, District - Jamui. .... .... Appellant/s
Versus
1. The State of Bihar.
2. Shyamdeo Paswan son of late Arjun Paswan resident of village - Barajor, P.S. - Jhajha, District - Jamui.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Manoj Kumar, Adv. For the Respondent/s : Smt Usha Kumari No-1, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 This appeal is for grant of regular bail in connection with SC/ST Jamui P.S. Case No. 10 of 2016 registered for the offences punishable under sections 323, 504, 506, 384 of the Indian Penal Code and section 3(i) (x) of the SC/ST Act. Submission of the learned counsel for the appellant is that the appellant has falsely been implicated in this case as the payment of the appellant is due with the informant and he had demanded the due payment but the informant stayed making payment and also abused the appellant, for that, he has already informed to the District Programme Officer on 25.11.2015, 31.11.2015 and 18.12.2015 and instead of making payment, a false and concocted case has been filed by the informant stating
Patna High Court CR. APP (SJ) No.1436 of 2017 (3) dt.01-07-2017 2/3 that the appellant has been demanding Rs. 5,00,000/- as well as making allegation of abusing by taking his caste name. The appellant is a retired Teacher and he is in custody since 30.03.2017.
Heard leaned Special Public Prosecutor. Learned A.P.P. has opposed the prayer for bail of the appellant. Having heard both sides and in view of the above facts and circumstances, as stated above, this appeal is allowed and the 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 learned Additional District and Sessions Judge-I, Jamui/Successor Court in SC/ST Jamui P.S. Case No. 10 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 taper with the evidence.
(iii) The appellant shall cooperate in the disposal of trial and make himself available as and when required by the
Patna High Court CR. APP (SJ) No.1436 of 2017 (3) dt.01-07-2017 3/3 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