Awadhesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2062 of 2017 Arising Out of PS.Case No. -131 Year- 2016 Thana -BELDAUR District- KHAGARIA ======================================================

1. Awadhesh Sharma, son of Kant Lal Sharma, Resident of VillageSaraswatinagar, Itamadi, P.S.- Beldaur, District- Khagaria. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Pankaj Kumar Jha For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 Heard the parties.

The appellant seeks regular bail in connection with Beldaur P.S.Case no.131 of 2016 registered for offences punishable under Sections 341, 323, 384, 504, 506 of the Indian Penal Code and Sections 4 and 3 (i)(r)(s) of SC/ST (Prevention of Atrocities Act) Act.

Allegation against the appellant is of assault to the informant along with the other co-accused persons. Submission of the learned counsel for the appellant is that no specific allegation has been attributed against him and the injury report shows that there is no grievous injury on the person of the injured. It has also been submitted that though the appellant is accused in one more case but he is on bail in that case. The appellant is in custody for about nine months in connection with this case.

Patna High Court CR. APP (SJ) No.2062 of 2017 (4) dt.09-10-2017 2/2 Heard learned Special P.P. also.

Having heard both sides in view of the above facts and circumstances, this appeal is allowed.

Let the appellant above named, be released on bail on furnishing bail bonds of Rs.25,000 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri P.C. Verma, J.M. Ist, Khagaria in connection with Beldaur P.S.Case No.131 of 2016 after setting aside order dated 26.5.2017 passed by the learned Sri Ashok Kumar, A.S.J.-Icum-Special Judge-I, Khagaria in Beldaur P.S.Case No.131 of 2016, subject to the following conditions:- (i) One of the bailors of the appellant shall be 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 co-operate in the disposal of trial and make himself available as and when required by the court concerned 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 will be free to move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) chn/- U T