Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2724 of 2017 Arising Out of PS.Case No. -214 Year- 2017 Thana -FATEHPUR District- GAYA ======================================================

1. Bablu Singh Son of Sulli Singh, R/o Village- Baegaon, P.S.- Fatehpur, District- Gaya.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Nilesh Kumar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2017 Heard the parties.

The appellant seeks regular bail in connection with Fatehpur P.S.Case no.214 of 2017 registered for offences punishable under Section 147, 148, 149341, 342, 323, 386, 307 & 436 of the Indian Penal Code and Section 3(1)®(3)(2)(iii)(i-v)(va) of SC/ST (Prevention of Atrocities Act) Act.

Allegation against the appellant is that after taking meal in the shop of the informant they have not paid the bill and when he protested, he was assaulted and also set on fire the shop. Submission of the learned counsel for the appellant is that there is nothing available on the record to show any injury on the person of the informant and others and there is no materials to show that the shop was set on fire. It is further submitted that as a matter of fact a case has been lodged by the appellant and with a view to pressurize the appellant, the informant has filed the

Patna High Court CR. APP (SJ) No.2724 of 2017 (3) dt.06-11-2017 2/2 present case. The appellant is in custody since 10.08.2017. Heard learned Special P.P. also.

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 the learned Special Judge, SC & ST (POA) Act, Gaya in connection with Fatehpur P.S.Case No.214 of 2017 after setting aside order dated 23.08.2017 passed by the learned Special Judge, SC & ST (POA) Act, Gaya in Fatehpur P.S.Case No.214 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.

With the aforesaid observation, this application is allowed.

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