Pintu Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1873 of 2017 Arising Out of PS.Case No. -28 Year- 2016 Thana -SC/ST District- JAMUI ====================================================== Pintu Saw, son of Late Triveni Saw, resident of Aliganj, P.S. Chandradeep, District - Jamui.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Satya Prakash Parasar For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2017 The appellant seeks regular bail in connection with Jamui SC/ST P.S. Case No. 28 of 2016, registered for offences punishable under Section 366(A) of the Indian Penal Code, Section 341, 323, 504, 506/34 of Indian Penal Code and Section 27 of the Arms Act and Section 3(i)(x)(I)(VII) of SC/ST Act. Allegation against the appellant of abusing the informant by caste name and further on the order of the appellant one coaccused made fire, which hit the door of the shop of the informant. It has been submitted on behalf of the appellant that only false and concocted case has been filed by the informant on the backdrop of election dispute and further the allegation of making fire is against co-accused of this case and not against the appellant though on the order of the appellant. Further appellant has been in judicial custody since 18.05.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts 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 bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J -1st, Dist - Jamui, in connection with Jamui SC/ST P.S. Case No. 28 of 2016, subject to the following conditions:- (i) One of the bailors of the appellant shall be a 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 cooperate in the disposal of trial and make himself available as and when required by 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 is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U