Suresh Koiri @ Suresh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2944 of 2017 Arising Out of PS.Case No. -24 Year- 2016 Thana -SC/ST District- GOPALGANJ ======================================================
1. Suresh Koiri @ Suresh Kumar Singh, S/o Late Nand Kishore Koiri @ Nand Kishore Singh, Resident of Village- Dudahi, P.S.- Mirganj, DistrictGopalganj. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Uday Pratap Singh For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2017 The appellant seeks regular bail in connection with SC/ST (Gopalganj) P.S. Case No. 24 of 2016, registered for offences punishable under Sections 341, 323, 337, 448, 504, 354A/34 of the Indian Penal Code and Section 3(1)(x) of SC/ST (POA) Act.
Allegation against the appellant and others is of assaulting the informant and abusing her.
It has been submitted on behalf of the appellant that only general and omnibus allegation has been levelled against the appellant and specific allegation has been levelled against one of the co-accused of this case. Further some co-accused persons have already been enlarged on bail by this Court vide order dated 13.11.2017 passed in Cr. Appeal (SJ) No. 2889 of 2017 and
petitioner has been in custody since 12.08.2017. 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 1st Additional Sessions Judge-cum-Special Judge, SC/ST Gopalganj, in connection with SC/ST (Gopalganj) P.S. Case No. 24 of 2016, 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