Kishundeo Thakur And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1887 of 2017 Arising Out of PS.Case No. -58 Year- 2017 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Kishundeo Thakur, Son of Late Pradeep Thakur.

2. Rajan Thakur, Son of Kishundeo Thakur. Both are resident of VillageAlapur, Police Station- Teghra in the District of Begusarai. .... .... Appellants

Versus

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

For the Appellant/s : Mr. Akhileshwar Pd. Singh, Sr.Advocate with Mr.Bimal Kumar No.2, Advocate For the Respondent/s : Mr. Sri Sadanand Paswan, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2017 Heard learned counsel for the appellants and learned Special P.P.

This appeal has been filed for setting aside the order dated 22.5.2017 passed by I/c. Special Judge, SC/ST (POA) Act, Begusarai, in Regular Bail Application filed by the appellants, arising out of Teghra P.S.case No. 58 of 2017 instituted under Sections 447, 147, 341, 323, 365, 504, 506/511 of the Indian Penal Code and 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for grant of bail to the appellants.

Allegation as per FIR against the appellants is that they have kidnapped son of the informant and after assaulting they

Patna High Court CR. APP (SJ) No.1887 of 2017 (2) dt.04-07-2017 2/3 left the son.

It has been submitted on behalf of the appellants that the reason behind the occurrence is of land dispute between the parties and the allegation is general and omnibus and there is no injury report available on record and they are in custody for two months having no criminal antecedent.

Learned Special P.P. could not controvert the above submission.

Having heard both sides and in view of facts and circumstances, as stated above, let the appellants, named above, be enlarged 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, SC/ST (POA) Act, Begusarai, in connection with Teghra P.S.Case No. 58 of 2017, subject to the conditions that one of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, they will co-operate in disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of their bail and further they will not induce any

Patna High Court CR. APP (SJ) No.1887 of 2017 (2) dt.04-07-2017 3/3 witness or tamper with the evidence.

Accordingly, this appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) spal/- U