This judgment grants bail to the appellant who had been in custody for 18 months. The court ordered his release upon furnishing a bond and ensuring cooperation with the trial.
The appellant be released on bail by furnishing a bail bond of Rs. 25,000 with two sureties of like amount, subject to cooperating in the trial and appearing every date fixed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.1492 of 2017
Arising Out of PS.Case No. -8 Year- 2016 Thana -PAUTHU District- AURANGABAD
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.... .... Appellant/s Versus
This appeal is directed against the order dated 19.04.2017 passed by Special Judge, SC/ST-cum-Additional Sessions Judge-I, Aurangabad in Pauthu P.S. Case No. 8 of 2016 registered for offences punishable under Sections 3(1)(X), 3(i)(xi), 3(2)(v) of the SC/ST (Prevention of Atrocities) Act and sections 341, 354, 307, 504, 506/34 of the Indian Penal Code, whereby prayer for bail of the appellant has been rejected.
3 10-08-2017
Allegation against the appellant is of firing on the informant which caused grievous injury to another girl aged about 12 years.
Submission of the learned counsel for the appellant is that no case under section 307 I.P.C. is made out against the appellant as he never attempted to cause injury to the girl and that
Patna High Court CR. APP (SJ) No.1492 of 2017 (3) dt.10-08-2017
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girl has also not come forward to depose or make any allegation against the appellant. Further, appellant is in custody since 15.02.2016 i.e. for about 18 months.
Heard learned A.P.P. also. He opposes the prayer for
bail.
Having heard both sides and in view of the fact that appellant has remained in custody for about 18 months, let the appellant, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Special Judge SC/ST-cum-Additional Sessions Judge I, Aurangabad in connection with Pauthu P.S. Case No. 8 of 2016 subject to the following condition that he will co-operate in the trial and will appear on each and every date fixed in the trial. In default, the Court below will take steps for cancellation of his bail bonds.
With the aforesaid observation, this appeal is
allowed.
(Vinod Kumar Sinha, J)
Manish/-
U T
2 issues framed by the court
Whether the appellant should be granted bail considering his custody duration was about 18 months.
Whether the allegations made by the State warrant continued remand in custody after nearly two years.
2 provisions across 2 enactments
Md. Ibrar Miyan
The State of Bihar
VINOD KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
