Suman Yadav @ Suman Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3240 of 2017 Arising Out of PS.Case No. -234 Year- 2016 Thana -PARWATTA District- KHAGARIA ======================================================
1. Suman Yadav @ Suman Kumar Yadav S/o Late Rajkur Yadav, Resident of Village-Babraha, P.s.-Parbatta, District-Khagaria. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Ranjeet Kumar Singh For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2017 Heard learned counsel for the appellant.
This appeal has been filed for grant of bail in connection with Prabatta P.S. Case No. 234 of 2016, registered for the offences punishable under Sections 341, 323, 353, 504, 506/34 of the Indian Penal Code and Section 3(i)(x) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 05.10.2017 passed by the 1st Additional Sessions Judge-cum-Special Judge, Khagarai. Allegation against the appellant is of abusing the informant by taking his caste name.
Submission of learned counsel for the appellant is that no such occurrence has taken place and moreover, he is in custody since 13.09.2017.
Patna High Court CR. APP (SJ) No.3240 of 2017 (2) dt.20-11-2017 2/3 Heard learned Special P.P. also.
Having heard both sides and in view of facts and circumstances, 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 bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge cum Special Judge, Khagaria in connection with Parbatta P.S. Case No. 234 of 2016, subject to the conditions as follows:
(1) One of the bailors shall be a local person having sufficient immovable properties within the jurisdiction of the court concerned.
(2) Petitioner will mark his attendance in local station in first week of every month at least for one year so that police may watch his conduct during the said period, failing which his bail bond shall be cancelled.
(3) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by
Patna High Court CR. APP (SJ) No.3240 of 2017 (2) dt.20-11-2017 3/3 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 will be free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) ajay gupta/- U T