Ram Sakal Singh @ Ashok Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.764 of 2017 Arising Out of PS.Case No. -22 Year- 2016 Thana -DEOKUND District- AURANGABAD ======================================================
1. Ram Sakal Singh @ Ashok Kumar Son of late Kamala Sharan Singh
2. Aradhana Devi Wife of Awadhesh Singh Both of Village Maharajganj, P.S. Deokund, District Aurangabad.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Ram Swarup Prasad For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2017 The appellants seek regular bail in connection with Deokund P.S. Case No. 22/2016, registered for offences punishable under Section 302, 326, 504, 506 and 120(B) of the Indian Penal Code and Section 3(i)(v)/3(s)/3(2)(v) of SC/ST (POA) Act.
Appellants are named in the F.I.R and the case is under Section 302 and other Sections of SC/ST Act.
It has been submitted on behalf of the appellants that except the allegation that appellants conspired in killing the deceased, there is absolutely nothing to show their involvement in the present case. No overt act or any other allegation has been assigned to them and they have been in judicial custody since 9.11.2016.
Patna High Court CR. APP (SJ) No.764 of 2017 (5) dt.28-06-2017 2/3 Heard learned A.P.P. also. He could not controvert the above submission of learned counsel for the appellants. Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and impugned order is set aside, let the appellants above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Daudnagar in connection with Deokund P.S. Case No. 22 of 2016, subject to the following conditions:- (i) One of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The appellants will not induce any witness or tamper with the evidence.
(iii) The appellants shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the
Patna High Court CR. APP (SJ) No.764 of 2017 (5) dt.28-06-2017 3/3 prosecution will be free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T