Pankaj Tiwary @ Pankaj Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2921 of 2017 Arising Out of PS.Case No. -152 Year- 2017 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Pankaj Tiwary @ Pankaj Tiwari, S/o Ram Vinay Tiwari, resident of Village- Shambhu Chak Bazar, P.S.- Kalyanpur, District- East Champaran. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Sunil Kumar Pandey For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2017 The appellant seek regular bail in connection with Kalyanpur P.S. Case No. 152 of 2017, registered for offences punishable under Sections 341, 323, 504, 307, 427, 279/34 of the Indian Penal Code and Section 3(1)(g)(w) of SC/ST (POA) Act. The appellant seek regular bail in connection with Kalyanpur P.S. Case No. 152 of 2017, registered for offences punishable under Sections 341, 323, 504, 307, 427, 279/34 of the Indian Penal Code and Section 3(1)(g)(w) of SC/ST (POA) Act. It has been submitted on behalf of the appellant that only general and omnibus allegation has been levelled and no specific allegation has been made. Further one co-accused having similar allegation has already been granted the privilege of pre arrest bail by this Court vide order dated 16.10.2017 passed in Cr. Appeal
(SJ) No. 2948 of 2017 and appellant has been in judicial custody since 29.08.2017.
Heard learned A.P.P. also.
Having heard both sides, in view of the facts as stated above, 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) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, East Champaran, Motihari, in connection with Kalyanpur P.S. Case No. 152 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.
(Vinod Kumar Sinha, J) sunil/- U T