Bablu Kumar Singh @ Babalu Kumar @ Bablu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2854 of 2017 Arising Out of PS.Case No. -426 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Bablu Kumar Singh @ Babalu Kumar @ Bablu Kumar, Son of Late Birendra Kumar Singh @ Late Virendra Singh, Resident of VillageGhorasahan, P.S.- Ghorasahan, District- East Champaran at Motihari. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Mritunjay Kumar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 The appellant seeks regular bail in connection with Ghorasahan P.S. Case No. 426 of 2016, registered for offences punishable under Sections 307, 341, 323, 332, 333, 353, 504 and 506 of the Indian Penal Code, and Section 3(1)(r) of SC/ST (POA) Act.
Allegation against the appellant and other accused person is trying to strangulate by tying a towel around the neck of informant, who is an A.S.I.
It has been submitted on behalf of the appellant that due to previous grudge, he has falsely been made accused in this case and no such occurrence has ever taken place. Moreover, he has sufficiently been punished as he has been in judicial custody for
one and half months and has no criminal antecedent. 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 bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST (POA) Act, East Champaran, Motihari, in connection with Ghorasahan P.S. Case No. 426 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