Patna High CourtCR. APP (SJ)/3124/2017allowed

Pankaj Rajak And ANR v. The State Of Bihar

2017-11-23Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3124 of 2017 Arising Out of PS.Case No. -34 Year- 2017 Thana -BARIYARPUR District- MUNGER ======================================================

1. Pankaj Rajak

2. Mithun Rajak,. Both Sons of Rambriksh Rajak, Resident of VillageGhorghat (Raghunathpur) Police Station-Bariarpur, District-Munger. .... .... Appellants

Versus

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

For the Appellant/s : Mr. Binay Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-11-2017 Heard learned counsel for the appellants.

This appeal has been filed for grant of bail in connection with Bariyarpur P.S.Case No. 34 of 2017 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 307, 448, 504, 302 of the Indian Penal Code and 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 21.8.2017 passed by Additional District Judge-I-cum-Special Judge, SC/ST Act, Munger.

Allegation against the appellants and other accused persons is of assaulting the deceased and causing his death. Submission of learned counsel for the appellants that there is case and counter case between the parties and no specific allegation is attributed against the appellants and appellants are in

Patna High Court CR. APP (SJ) No.3124 of 2017 (3) dt.23-11-2017 2/3 custody since 30.3.2017.

Heard learned Special P.P.

Having heard both sides and considering the facts and circumstances of the case, the appeal is allowed and the impugned order is set aside.

Let appellants, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional District Judge-I-cum-Special Judge, SC/ST Act, Munger, in connection with Bariyarpur P.S.Case No. 34 of 2017, G.R.No. 568 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (2) Appellants will co-operate in trial and appear on each and every date in court, failing which their bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U

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