Chunni Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2814 of 2017 Arising Out of PS.Case No. -98 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. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 The appellant seeks regular bail in connection with Gogri P.S. Case No. 98 of 2017, registered for offences punishable under Sections 436/34 of the Indian Penal Code, and Section 3(1)(x) (R) of SC/ST (POA) Act.
Allegation against the appellant and other is of setting the house of informant on fire and appellant was seen along with others fleeing away from the place of occurrence and when the informant made complain about the same, appellant and others abused him by taking his caste name.
It has been submitted on behalf of the appellant that he has falsely been implicated in this case in the background of land dispute and a title suit is also pending between the parties and this case has been filed with a view to put pressure on the appellant.
Further appellant has been in judicial custody for more than four and half months.
Heard learned Special 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 Special Judge, Khagaria of SC/ST Act, in connection with Gogri P.S. Case No. 98 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