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Patna High CourtCR. APP (SJ)/2560/2017allowed

Niraj Singh And ANR v. The State Of Bihar

2017-08-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2560 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -SC/ST District- GAYA ======================================================

1. Niraj Singh, son of Arvind Singh

2. Tunnu Singh @ Tuntun Singh, son of Moda Singh, both residents of village Pakri, P.S. Fatehpur, District Gaya .... .... Appellants

Versus

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

For the Appellant/s : Mr. Arbind Kumar Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 Heard learned counsel for the appellants and learned Special P.P. for the State.

This appeal has been filed for grant of pre-arrest bail in connection with SC/ST P.S.Case No. 08 of 2017 registered under Sections 341, 323, 324, 504, 506, 34 of the Indian Penal Code and 3(i)(r)(s), 2(ra) of SC/ST Act and for setting aside the impugned order dated 18.8.2017 passed by Special Judge, SC/ST Act, Gaya. Submission of learned counsel for the appellants is that they have falsely been implicated in this case. Learned Special P.P., who could not controvert the above submission.

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

Patna High Court CR. APP (SJ) No.2560 of 2017 (2) dt.31-08-2017 2/2 Let appellants, above named, surrender before the court of Special Judge within four weeks and on their so surrendering they shall 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 Special Judge, Gaya, in connection with SC/ST P.S.Case No. 8 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, they shall co-operate in investigation of the case and appear before the Investigating Officer as and when required, failing which their bail bonds shall be cancelled and they will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) spal/- U