Bhupendra Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2986 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -CHAUSA District- MADHEPURA ======================================================
1. Bhupendra Sah, son of Mothri Sah
2. Mukesh Sah, son of Mothri Sah
3. Manoj Sah, son of Mothri Sah
4. Upendra Sah, son of Late Chaturi Sah, all residents of village Fulaut Paschimi, P.S. Chausa (Fulaut O.P.), District Madhepura .... .... Appellants
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Rakesh Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 Heard learned counsel for the appellants.
This appeal has been filed for grant of bail in connection with H.A. Case No. 371 of 2017, arising out of Chausa (Fulaut O.P.) P.S. Case No. 99 of 2017, registered for the offences punishable under Sections 307, 147, 148, 149, 341, 323, 324, 384, 379, 504, 506 of the Indian Penal Code and Section 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 8.9.2017 passed by Special Judge, SC/ST Act, Madhepura. Allegation against the appellants is of abusing and causing injury to the informant.
Submission of learned counsel for the appellants is that there is case and counter case between the parties and further injuries are simple in nature and appellants are in custody for about three months.
Heard learned Special P.P.
Patna High Court CR. APP (SJ) No.2986 of 2017 (2) dt.17-10-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, the appeal is allowed and the impugned order is set aside.
Let the appellants, above named, be released 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 Act, Madhepura, in connection with H.A. Case No. 371 of 2017, arising out of Chausa (Fulaut O.P.) P.S. Case No. 99 of 2017/ Registration No.346 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties in the jurisdiction of court concerned, (2) Appellants shall co-operate in trial and appear on each and every date and on failure to appear on two consecutive dates without showing any genuine ground or without permission of court, their bail bonds shall be cancelled.
(Vinod Kumar Sinha, J) spal/- U