Chunni Yadav v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2114 of 2017 (3) dt.23-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2114 of 2017 Arising Out of PS.Case No. -93 Year- 2017 Thana -GOGRI District- KHAGARIA ======================================================

1. Chunni Yadav, son of Late Hakru Yadav, resident of Village- Barahara, P.S.- Gogri, District- Khagaria.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ram Sumiran Rai For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2017 The appellant seeks regular bail in connection with Gogri P.S. Case No. 93 of 2017, registered for offences punishable under Section 366(A) of the Indian Penal Code, Sections 448, 436, 427 and 34 of Indian Penal Code, Section 3(1)(x)(R) of SC/ST (POA) Act.

Allegation against the appellant is of setting the house of informant on fire due to which one she goat died. It has been submitted on behalf of the appellant that only general and omnibus allegation has been levelled against the appellant and no specific allegation has been levelled against him. Further the house was not habitable house of the informant. He has been in judicial custody for more than three months. Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and impugned

Patna High Court CR. APP (SJ) No.2114 of 2017 (3) dt.23-08-2017 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 Additional Sessions Judge, Khagaria, in connection with Gogri P.S. Case No. 93 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