Randhir Prasad v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2911 of 2017 (2) dt.16-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2911 of 2017 Arising Out of PS.Case No. -30 Year- 2016 Thana -SC/ST District- JAMUI ======================================================

1. Randhir Prasad, Son of Late Bhagirath Prasad, Resident of VillageRamsagar, P.S.- Sikandra, District- Jamui. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Prakash Mahto For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 The appellant seeks regular bail in connection with Jamui SC/ST P.S. Case No. 30 of 2016, registered for offences punishable under Sections 448, 323, 504, 506/34 of the Indian Penal Code, and Section 3(i)(x)(iv) and (v) of SC/ST (POA) Act. Allegation against the petitioner is of pushing and pulling the informant and also of abusing him by caste name. It has been submitted on behalf of the appellant that only general and omnibus allegation of abusing the informant by caste name and pushing and pulling the informant has been levelled against the appellant for which he has been in judicial custody since 30.08.2017.

Heard learned Special P.P. also.

Having heard both sides, in view of the facts as stated above, this appeal is allowed and impugned order is set aside. Let the appellant above named, be released on bail on furnishing bail

Patna High Court CR. APP (SJ) No.2911 of 2017 (2) dt.16-10-2017 bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge, Jamui, in connection with Jamui SC/ST P.S. Case No. 30 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 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, the prosecution is free to move for cancellation of his bail bonds.

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