Vikas Kumar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2169 of 2017 Arising Out of PS.Case No. -22 Year- 2015 Thana -ARIYARI District- SEKHPURA ======================================================

1. Vikas Kumar S/o Rajo Mahto.

2. Bhonu @ Naveen Kumar S/o Bhola Prasad Both are resident of village- Sumka, P.S. Ariari (Kasar), DistrictSheikhpura. .... .... Appellants

Versus

1.State of Bihar .

2. Dharmendra Paswan S/o Brahmdeo Paswan, R/o village- Sumka, P.S. Ariari (Kasar), District- Sheikhpura.

.... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Biresh Kumar Sinha, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2017 The appellants seek bail in connection with Ariari P.S. Case No. 22 of 2015 registered for the offences punishable under sections 147, 341, 448,504, 337 and 427 of the Indian Penal Code and Section 3(1)(x) SC/ST Act. Allegation against the appellant and other co-accused persons are of assaulting the informant and also abusing him by taking caste name.

Learned counsel for the appellants submitted that all the allegations are general and omnibus in nature and nothing specific has been attributed against him and has been in custody since 13.07.2017.

Heard learned Special P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, let appellants above named be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned 1st Additional District & Session Judge, Sheikhpura, in connection with SC/ST P.S. Case No. 22 of 2015, 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 adduce 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 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 their bail.

(Vinod Kumar Sinha, J.) veena/- U T