Lalan Yadav @ Chandra Shekhar Azad @ Chandra Shekhar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2454 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -SC/ST District- JEHANABAD ======================================================
1. Lalan Yadav @ Chandra Shekhar Azad @ Chandra Shekhar Yadav, S/o Late Hari Yadav, resident of Village- Iraki, P.S.- Jehanabad, DistrictJehanabad. .... .... Appellant/s
Versus
1. The State of Bihar, .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Bhaskar Shankar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-08-2017 Heard the parties.
The appellant seeks regular bail in connection with Jehanabad SC/ST P.S.Case No.18 of 2017, registered for offences punishable under Sections 379, 354, 341, 323, 427, 504 and 506/34 of the Indian Penal Code and Section 3(2)(va) of SC/ST (POA) Act.
Allegation against the appellant and others is of assault by 'rod' and 'lathi-danda'.
Submissions of the learned counsel for the appellant is that no such occurrence took place and one after another, two cases have been filed by the informant against the appellant. The appellant was on police bail but he has not misused the privilege of police bail.
Patna High Court CR. APP (SJ) No.2454 of 2017 (2) dt.25-08-2017 2/2 Heard learned Special P.P. also.
Having heard both sides in view of the above facts and 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 learned Additional Sessions Judge-I, Jehanabad in connection with Jehanabad SC/ST P.S.Case No.18 of 2017, after setting aside order dated 31.7.2017 passed by the learned Additional Sessions Judge-I, Jehanabad in Jehanabad SC/ST P.S.Case No.18 of 2017, subject to the following conditions:- (i) One of the bailors of the appellant shall be 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 co-operate in the disposal of trial and make himself available as and when required by the court concerned 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 bond.
(Vinod Kumar Sinha, J) chn/- U T