An oral order dismissing the appeal for regular bail. The bench directed the trial court to release the appellant on bail only after the framing of charges under Section 302 IPC and SC/ST Act, satisfying the Additional Sessions Judge.
Appeal dismissed; direction to trial court to grant bail after framing of charges.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.1636 of 2017
Arising Out of PS.Case No. -201 Year- 2016 Thana -BIHRA District- SAHARSA
======================================================
.... .... Appellant/s
Versus
.... .... Respondent/s
====================================================== Appearance :
For the Appellant/s : Mr. M.K. Upadhyay For the Respondent/s : Mr. Sri Sadanand Paswan
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 10-08-2017 Heard the parties.
The appellant seeks regular bail in connection with Bihra P.S.Case No.201 of 2016 registered for offences punishable under Section 147, 148, 149, 341, 323, 324, 307, 302 and 504 of the Indian Penal Code and Section 3(1)(b), 3(2)(v) of SC/ST (Prevention of Atrocities Act) Act.
Allegation against the appellant and other accused persons is of assaulting the informant.
Submission of the learned counsel for the appellant is that nothing specific has been attributed in the F.I.R. against this appellant and he is in custody since 2.1.2017. It is further submitted that the appellant has been named along with two other
Patna High Court CR. APP (SJ) No.1636 of 2017 (3) dt.10-08-2017
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accused persons as assailant on the injured in para 13 of the case diary and further submitted that prayer for bail of other accused persons has been rejected with observation to renew their prayer for bail after framing of charge in this case.
Heard learned Special P.P. also.
Having heard both sides and in such view of the matter, I am not inclined to grant bail to the appellant, however, this application is disposed of with direction to the learned trial court that if the charge has been framed against the appellant in this case, he may release the appellant on bail in connection with Bihra P.S.Case No.201 of 2016 to the satisfaction of Additional Sessions Judge 1st -cum-Special Judge under SC/ST Act, Saharsa.
(Vinod Kumar Sinha, J)
chn/-
U T
2 issues framed by the court
Whether the appellant is entitled to regular bail in the criminal appeal arising after the rejection of a bail prayer in the trial court.
Whether the appellant can be granted bail on the condition of his release after the framing of charges and prior to that, to remain in custody.
Rajiv Singh
The State of Bihar
Ajay Ram
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
