Janak Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2351 of 2017 Arising Out of PS.Case No. -373 Year- 2017 Thana -JAHANABAD District- JEHANABAD ======================================================
1. Janak Yadav, S/o Sri Umraon Yadav, Resident of Village- Khaskhori, P.S.- Bishunganj, District- Jehanabad.
2. Lalan Yadav @ Chandra Shekhar Azad, S/o Late Hari Yadav, Resident of Village- Iraki, P.S.- Jehanabad, District- Jehanabad. .... .... Appellants/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellants/s : Mr. Rakesh Singh For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2017 The appellants seek regular bail in connection with Jehanabad P.S. Case No. 373 of 2017, registered for offences punishable under Section 307, 379, 325, 324, 323, 342, 341, 147, 148 and 149 of the Indian Penal Code and Section 3(2)(v) of SC/ST Act.
Allegation against the appellants that they assaulted the informant causing injury to him.
It has been submitted on behalf of the appellants that so far appellant no. 1 is concerned there is only general and omnibus allegation has been levelled against him and so far appellant no. 2 is concerned though it is alleged that he assaulted the informant by khanti, however, the said assault hit the hand of the informant,
and with regard to said injury opinion has been kept reserved. Further there is case and counter case and appellants have been in judicial custody since 15.07.2017.
Heard learned A.P.P. also.
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 Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -1st, Jehanabad, in connection with Jehanabad P.S. Case No. 373 of 2017, 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 prosecution will be free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T