Baliram Singh v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2413 of 2017 (3) dt.06-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2413 of 2017 Arising Out of PS.Case No. -38 Year- 2016 Thana -BADHAILA District- SASARAM (ROHTAS) ======================================================

1. Baliram Singh S/o Late Dukhdawan Chaudhary, resident of VillageChanki, P.S. Baghaila, District- Rohtas. .... .... 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 06-11-2017 The appellant seeks regular bail in connection with Baghaila P.S. Case No. 38 of 2016, registered for offences punishable under Sections 302/34, 341, 323 of the Indian Penal Code and Section 3(2)(V) of SC/ST (POA) Act.

Allegation against the appellant and others is of assaulting the brother of informant due to which he died. It has been submitted on behalf of the appellant that he has falsely been implicated in this case due to previous enmity. Further no specific allegation has been made rather only general and omnibus allegation has been made and other co-accused having similar allegation has already been released on bail by this Court vide order dated 22.06.2017 passed in Cr. Appeal (SJ) No. 390 of 2017 and appellant has been in judicial custody since 07.06.2016.

Heard learned Special P.P. also.

Having heard both sides, in view of the above facts, this

Patna High Court CR. APP (SJ) No.2413 of 2017 (3) dt.06-11-2017 appeal is allowed and impugned order is set aside, let appellant above named be released on bail on furnishing bail bond of Rs. 25, 000(Rs. Twenty Five Thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge -1st, Rohtas (Sasaram) in connection with Baghaila P.S. Case No. 38 of 2016, subject to the following condition.

(i) one of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the court concerned.

(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, prosecution will be free to move for cancellation of his bail bonds.

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