Pawan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1884 of 2017 Arising Out of PS.Case No. -156 Year- 2015 Thana -MANSI District- KHAGARIA ======================================================

1. Pawan Singh, son of Nageshwar Singh @ Nageshwar Prasad Singh, resident of Village- Amni, P.S.- Mansi, District- Khagaria. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Mrityunjay Kumar For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-08-2017 The appellant seeks regular bail in connection with Special SC/ST Case No. 180 of 2017 arising out of Mansi P.S. Case No. 156 of 2015, registered for offences punishable under Sections 341, 323, 353, 427, 504/34 of the Indian Penal Code and Section 3(x) of SC/ST Act.

Allegation against the appellant is of obstructing the informant, who is a Government Servant, in discharge of his official duty and further the appellant snatched away some papers from the informant and also there is allegation of assault by means of fists and slaps.

It has been submitted on behalf of the appellant that he has falsely been implicated in this case and only general and omnibus allegation has been levelled against the appellant for

which he has sufficiently been punished as he has remained in judicial custody for more than two months.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation and the period of csutody, 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 Special Court of SC/ST Act cum Additional Sessions Judge -1st , Khagaria, in connection with Special SC/ST Case No. 180 of 2017 arising out of Mansi P.S. Case No. 156 of 2015, 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 T