Jainath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2429 of 2017 Arising Out of PS.Case No. -113 Year- 2017 Thana -RIVILGANJ District- SARAN ======================================================

1. Jainath Singh Son of late Ram Pravesh Singh resident of Village - Shekhpura, P.S. - Revilganj, District - Saran at Chapra. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Ram Binod Singh For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2017 Heard the parties.

The appellant seeks regular bail in connection with Revilganj P.S.Case No.113 of 2017 registered for offences punishable under Section 302/34 of the Indian Penal Code and Section 3(2)(v) of SC/ST (Prevention of Atrocities Act) Act and Section 120(B) of the Indian Penal Code was added The appellant and other accused persons are named in the FIR and it is alleged that they have fired on the deceased. It is also alleged that the deceased had informed the informant that the accused persons have threatened him of dire consequences and thereafter the occurrence took place.

Submission of the learned counsel for the petitioner is that except suspicion there is nothing against him and the appellant is in custody since 22.4.2017. The appellant has no criminal antecedent.

Patna High Court CR. APP (SJ) No.2429 of 2017 (3) dt.13-09-2017 2/2 Heard learned Special P.P. also, who has opposed the prayer for bail.

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 1st Additional Sessions Judge, Saran at Chapra in connection with Revilganj P.S.Case No.113 of 2017 after setting aside order dated 28.7.2017 passed by the learned 1st Additional Sessions Judge, Saran at Chapra in B.P.No.921 of 2017 arising out of Revilganj P.S.Case No.113 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