Awadhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2377 of 2017 Arising Out of PS.Case No. -22 Year- 2016 Thana -DEOKUND District- AURANGABAD ======================================================

1. Awadhesh Singh, Son of Ram Sakal Singh @ Ashok Kumar of VillageKurmibigha, P.S.- Banshi, Karpi, District- Arwal. at present village Maharajganj, P.S.- Deokund, District- Aurangabad. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Pratik Kumar Sinha For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2017 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.

Appellant is named in the F.I.R and allegation against him that he along with others killed the father and uncle of the informant.

It has been submitted on behalf of the appellant that save and except the fact that appellant has threatened the informant and deceased for dire consequences, there is nothing to connect the appellant with the present case. Further no specific allegation has been levelled against the appellant and other co-accused persons

having similar allegations have already been granted bail by this Court vide order dated 23.6.2017, passed in Criminal Appeal (SJ) No. 1027 of 2017, 28.06.2017 passed in Criminal Appeal (SJ) No.764 of 2017 and 05.07.2017 passed in Criminal Appeal (SJ) No. 1014 of 2017 and appellant has been in judicial custody since 15.11.2016.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case and as other co-accused persons have already been granted the privilege of regular bail by this Court, as such, 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 thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Cum- Special Judge SC/ST, Aurangabad, in connection with Deokund P.S. Case No. 22 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 T