Patna High CourtCR. APP (SJ)/1014/2017bail granted

Sanjay Yadav v. The State Of Bihar

2017-07-05Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1014 of 2017 Arising Out of PS.Case No. -22 Year- 2016 Thana -DEOKUND District- AURANGABAD ======================================================

1. Sanjay Yadav Son of Dudheshwar Yadav resident of Village- Aandhi Bigha, P.S.- Deokund, District- Aurangabad.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Rajesh Kumar For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 The appellant seeks regular bail in connection with Deokund P.S. Case No. 22/2016, registered for offences punishable under Section 302, 326, 504, 506 and 120(B)/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(r)(s)/3(2)(v) of SC/ST (POA) Act.

It has been submitted on behalf of the appellant that he has falsely been implicated in this case at the behest of local Mukhiya, appellant has nothing to do with the alleged offence. Further from F.I.R, itself it will appear that informant is not eye witness of this case. However, other co-accused persons having similar allegation has already been granted bail by this Court vide order dated 28.06.2017 passed in Criminal Miscellaneous No. 764

Patna High Court CR. APP (SJ) No.1014 of 2017 (4) dt.05-07-2017 2/3 of 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 appellant 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 Judicial Magistrate -1st Class, Daudnagar in connection with Deokund P.S. Case No. 22 of 2016, 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

Patna High Court CR. APP (SJ) No.1014 of 2017 (4) dt.05-07-2017 3/3 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