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Patna High CourtCR. APP (SJ)/2715/2017allowed

Karu Yadav v. The State Of Bihar

2017-10-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2715 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -PAKARIBARAW District- NAWADA ====================================================== Karu Yadav, Son of Rampravesh Yadav, R/o Village- Tirwa, P.S.- Pakaribarawan, District- Nawada.

.... .... Appellant

Versus

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

For the Appellant/s : Mr. Rajeev Nayan For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 Heard learned counsel for the appellant.

This appeal has been filed for grant of bail in connection with Pakribarawan P.S. Case No. 79 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 302 of the Indian Penal Code and Section 3(ii)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 9.8.2017 passed by Additional Sessions Judge-I-cum-Special Judge, Nawada.

Allegation against the appellant and 18 other accused persons is of assaulting the deceased and causing his death. Submission of learned counsel for the appellant is that there is general and omnibus allegation against 18 accused persons, including the appellant and no specific allegation is attributed against him and he is in custody since 29.6.2017. Heard learned Special P.P.

Patna High Court CR. APP (SJ) No.2715 of 2017 (3) dt.17-10-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, the appeal is allowed and the impugned order is set aside.

Let the appellant, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum-Special Judge, Nawada, in connection with Spl. (H) 261 of 2017, arising out of Pakaribarawan P.S. Case No. 79 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties in the jurisdiction of court concerned, (2) Appellant shall co-operate in trial and appear on each and every date and on failure to appear on two consecutive dates without showing any genuine ground or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U