Allowed

Gagandeo Rai and Anr. v. The State Of Bihar

Patna HC1 Jul 2017CR. APP (SJ)/1772/2017

Case brief

AI extract

What is this about?

The High Court allowed bail appeals filed by two appellants facing charges under various IPC sections and the SC/ST Atrocities Act. The Court set aside the previous rejection order and granted bail on security with conditions regarding witness tampering and trial cooperation.

What did the court decide?

Released on bail on furnishing bonds of Rs.25,000 each with two sureties, subject to conditions against tampering with evidence or witnesses.

Gagandeo Rai and Anr. 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.1772 of 2017

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Arising Out of PS.Case No. -55 Year- 2016 Thana -SC ST District- VAISHALI(HAJIPUR)

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

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Gagandeo Rai, Son of Late Chhatu Rai,

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Harinandan Bhagat, Son of Late Ram Milan Bhagat, Both resident of Village Bishunpur Arara, P.S.- Goraul, District- Vaishali.

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.... .... Appellant/s

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Versus

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The State of Bihar.

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.... .... Respondent/s ======================================================

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Appearance : For the Appellant/s : Mr. Ranjan Kumar Singh For the Respondent/s : Smt Usha Kumari No-1

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====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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The appellants seek regular bail in connection with S.C./S.T. Hajipur P.S.Case No.55 of 2016, registered for offences punishable under Section 147, 148, 149, 323, 325, 307, 427, 436, 427, 436, 379, 354, 504 & 504 of the Indian Penal Code and Section 3(i)(r), 3(i)w, 3(2)(iii), 3(2)(iv), 3(2)(v)(a) of SC/ST (Prevention of Atrocities) Act.

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2 01-07-2017

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Submissions of the learned counsel for the appellants is that there is general and omnibus allegation and though the case has been lodged under Section 307 and 436 of the Indian Penal Code as well as various Sections of the S.C./S.T.(Prevention of Atrocities) Act but no charge-sheet has been submitted either under Section 436 of 307 of the Indian Penal Code and there is no

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Patna High Court CR. APP (SJ) No.1772 of 2017 (2) dt.01-07-2017

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2 / 3

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specific allegation against the appellants.

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Heard learned Special P.P. also.

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Having heard both sides and in view of the above facts and circumstances, this appeal is allowed.

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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 learned 1^st Additional Sessions Judge-cum-Special Judge, S.C./S.T. (POA) Act, Vaishali at Hajipur in connection with SC/ST Hajipur P.S.Case No.55 of 2016, after setting aside order dated 26.5.2017 passed by the learned 1^st Additional Sessions Judge-cum-Special Judge, S.C./S.T. (POA) Act, Vaishali at Hajipur in SC/ST Hajipur P.S.Case No.55 of 2016, subject to the following conditions:-

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

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

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(iii) The appellants shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part

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Patna High Court CR. APP (SJ) No.1772 of 2017 (2) dt.01-07-2017

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3 / 3

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to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds.

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(Vinod Kumar Sinha, J)

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chn/U

Gagandeo Rai and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Gagandeo Rai and Anr. v. The State Of Bihar

Case brief

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What did the court decide?

What the court decided

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