Anil Jha @ Anil Kumar Jha v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2580 of 2017 (2) dt.04-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2580 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -THANA BIHPUR RAIL P.S. DistrictKHAGARIA ====================================================== Anil Jha @ Anil Kumar Jha, Son of late Jagdish Jha, Resident of Village - Balahi, Munga Tola, P.S. Kalwahi, District - Madhubani. .... .... Appellant/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ravi Shanker Pankaj For the Respondent/s : Mr. Sri Shyed Ashfaque Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2017 The appellant seeks regular bail in connection with Bihpur Rail P.S. Case No. 02 of 2017, registered for offences punishable under Sections 354(A), 323, 341, 504 of the Indian Penal Code and Section 3(XI) of SC/ST Act and Section 37 of Bihar Excise Prohibition Amendment Act, 2016. Allegation against the appellant is of abusing the informant and try to forcibly take away his wife. It has been submitted on behalf of the appellant that he has falsely been implicated in this case and only general and omnibus allegation has been levelled against the appellant, for which he has been in judicial custody for more than a month. 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

Patna High Court CR. APP (SJ) No.2580 of 2017 (2) dt.04-09-2017 sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- I -cum-Special Judge SC/ST Prevention of Atrocities Act, Khagaria, in connection with Bihpur Rail P.S. Case No. 02 of 2017, 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