Vijay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1618 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -KHIJARSARAI District- GAYA ======================================================

1. Vijay Prasad Son of Late Nathun Mahto, resident of Village- Baliyari, Police Station- Khizersarai, District- Gaya.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rabindra Kumar Priyadarshi For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2017 The appellant seeks regular bail in connection with Khizersarai P.S. Case No. 36 of 2017, registered for offences punishable under Sections 341, 323, 504, 509, 506, 307/34 of the Indian Penal Code and Section 3(i)(r)(s) of SC/ST (POA) Act. Allegation against the appellant and other co-accused person is of assault to the informant by means of lathi and danda. It has been submitted on behalf of the appellant that he has falsely been implicated in this case. Moreover, the injuries caused to the person of informant was found to be simple in nature and he has been in judicial custody since 17.04.2017. Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case and submission of learned counsel for

Patna High Court CR. APP (SJ) No.1618 of 2017 (3) dt.26-07-2017 2/3 the appellant, the Special Court is directed to verify the submission of learned counsel for the appellant that injuries was found to be simple in nature and if it is so, he shall release the appellant 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 Court of Special Judge, SC/ST, Gaya, in connection with Khizersarai P.S. Case No. 36 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 is free to move for cancellation of his bail bonds.

Patna High Court CR. APP (SJ) No.1618 of 2017 (3) dt.26-07-2017 3/3 With the above observation, this application is disposed of.

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