B. C. Yadav @ Brishi Yadav v. The State Of Bihar

Patna High Court CR. APP (SJ) No.1360 of 2017 (3) dt.14-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1360 of 2017 Arising Out of PS.Case No. -75 Year- 2014 Thana -NABINAGAR District- AURANGABAD ====================================================== B. C. Yadav @ Brishi Yadav Son of Suraj Yadav Resident of VillageJanakpur, P.S. Nabinagar, District- Aurangabad. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Shailesh Kumar Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-07-2017 This appeal is for setting aside the impugned order dated 20.1.2017 and for grant of regular bail in connection with Nabinagar P.S. Case No. 75 of 2014 registered for the offence(s) under section(s) 341, 33, 504, 506 of the Indian Penal Code and 3 (i) (x) of the SC/ST Act.

Allegation against the appellant is that he abused the informant and also assaulted him causing some injury, however submission of the learned counsel for the appellant is that the appellant has falsely been implicated in this case and he is in custody for six months. Further submission is that the petitioner and the respondent have settled the dispute between them outside the Court and they have jointly filed a compromised petition before the court of the learned Chief Judicial Magistrate.

Heard learned Special Public Prosecutor also.

Patna High Court CR. APP (SJ) No.1360 of 2017 (3) dt.14-07-2017 Having heard both sides and in view of the facts and circumstances, as stated above, this appeal is allowed and impugned order is set aside.

Let the appellant, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST Act, Aurangabad in connection with Nabinagar P.S. Case No. 75 of 2014, 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 rhyme or reasons, the prosecution will have liberty to move for cancellation of his bail.

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