Allowed

Shamshad Alam v. The State Of Bihar

Patna HC9 Aug 2017CR. APP (SJ)/1714/2017

Case brief

AI extract

What is this about?

The Patna High Court allowed the bail appeal against the rejection of bail by the Special Judge, Kishanganj. The court enlarged the appellant on bail of Rs.25,000 with two sureties upon noting that seven witnesses including the informant were examined and declared hostile.

What did the court decide?

The impugned order rejecting bail was set aside and the appellant was enlarged on bail on furnishing a bond of Rs.25,000 with two sureties.

Shamshad Alam Vs The State Of Bihar — Caste Atrocities | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.1714 of 2017

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======================================================

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Shamshad Alam, son of Md. Subhan, Resident of Village- Dhekabhinja, Rampur Ward No.31, P.S. and District- Kishanganj.

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.... .... Appellant Versus The State of Bihar .... .... Respondent ====================================================== Appearance : For the Appellant/s : Mr. Sanjay Kumar For the Respondent/s : Ms. Usha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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4 09-08-2017 Heard learned counsel for the appellant and learned Special P.P.

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This appeal has been filed for setting aside the order dated 2.2.2017 passed by Special Judge, Kishanganj, by which prayer for bail of the appellant has been rejected in Kishanganj P.S.case No. 378 of 2015 registered under Sections 313, 304, 420 of the Indian Penal Code and 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for grant of bail to the appellant.

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Earlier prayer for bail of the appellant has been rejected by this Court with an observation to renew prayer for bail after framing of charge in this case.

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It has been submitted on behalf of the appellant that not only charge has been framed but seven witnesses have been

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Patna High Court CR. APP (SJ) No.1714 of 2017 (4) dt.09-08-2017

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examined, including the informant and they have been declared hostile and he is in custody since 2.2.2017.

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Having heard both sides and in view of facts and circumstances, as stated above, the appeal is allowed and the impugned order is set aside.

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Let the appellant, named above, be enlarged 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 the Chief Judicial Magistrate, Kishanganj, in connection with Special Case No. 41 of 2016, arising out of Kishanganj P.S.Case No. 378 of 2015, subject to the following conditions :-

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(i) One of the bailors of the appellant shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

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(ii) The appellant will not induce any witness or tamper with the evidence.

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(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 reason, the prosecution is

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Patna High Court CR. APP (SJ) No.1714 of 2017 (4) dt.09-08-2017

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free to move for cancellation of his bail.

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(Vinod Kumar Sinha, J)

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spal/-

Shamshad Alam v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Shamshad Alam v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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