Manju Saw @ Anil Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2251 of 2017 Arising Out of PS.Case No. -68 Year- 2017 Thana -ARWAL District- JEHANABAD ======================================================

1. Manju Saw @ Anil Saw, Son of Hira Saw, Resident of VillageSantawan Bigha, Police Station- Arwal in the district of Arwal. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Sushant Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2017 The appellant seeks regular bail in connection with Arwal P.S. Case No. 68 of 2017, registered for offences punishable under Section 366(A) of the Indian Penal Code, Sections 147, 148, 149, 341, 323, 504 and 307 of Indian Penal Code and Section 3(i)(r)(s) of SC/ST (POA) Act.

Allegation against the appellant that he along with others have assaulted the informant causing injury to him and further later on a protest petition has been filed by the informant in which it has specifically been mentioned that it is the appellant who assaulted the informant by means of lathi.

It has been submitted on behalf of the appellant that earlier only general and omnibus allegation of assault has been levelled against the appellant and others and no specific allegation

has been made and the protest petition of the informant is just an afterthought. Further there is case and counter case between the parties and appellant has been in judicial custody since 26.05.2017.

Heard learned Special P.P. also.

Having heard both sides, in view of the facts and circumstances of the case and also in view of the submissions as made above, this appeal is allowed. 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 Additional Sessions Judge -1st, Jehanabad, in connection with Arwal P.S. Case No. 68 of 2017, 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 will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T