In an appeal against an order dismissing bail, the Court granted regular bail to the appellant under bonds of Rs. 25,000 with two sureties, subject to conditions regarding trial cooperation.
Enlargement on bail on furnishing bonds of Rs.25,000 with two sureties; impugned order set aside.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.109 of 2019
Arising Out of PS. Case No.-201 Year-2016 Thana- BIHRA District- Saharsa
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Neeraj Kumar Singh @ Neeraj Singh son of Sri Indradev singh @ Indradeo Singh Resident of Vilage- Purikh, P.s. - Bihra Distt. - Saharsa.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Diwakar Prasad Singh For the Respondent/s : Smt Usha Kumari No-1
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT
Date : 13-03-2019
Earlier prayer for bail of the appellant was dismissed vide order dated 15.05.2017 passed in Criminal Appeal (SJ) No.1162 of 2017 and vide order dated 13.10.2017 passed in Criminal Appeal (SJ) No.2663 of 2017 with liberty to the appellant to renew his prayer for bail after framing of charge.
The appellant seeks regular bail in connection with Bihra P.S. Case No. 201 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504 of the Indian Penal Code and Section 3(i)(x), (3)(2)(v) of SC/ST Act.
Submission of learned counsel for the appellant is that though there is allegation of against the appellant, but it is general in nature and other co-accused persons have been granted bail by different coordinate Benches of this Court vide order dated 29.06.2017 passed in Criminal Appeal (SJ) No.1086 of 2017, vide judgment dated
Patna High Court CR. APP (SJ) No.109 of 2019 dt.13-03-2019 2/2
06.07.2018 passed in Criminal Appeal (SJ) No.1411 of 2018, vide judgment dated 17.07.2018 passed in Criminal Appeal (SJ) No.1644 of 2018 and the case of the appellant is also similar and the charge has also been framed and the appellant is in custody since 10.01.2017.
Heard learned Special P.P. also.
Having heard both sides, considering the facts and circumstances of the case as stated above, let the appellant, above named, be enlarged 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 Special Judge SC & ST Act, Saharsa, in connection with Bihra P.S. Case No. 201 of 2016, subject to the conditions that the appellant shall cooperate in the disposal of the trial and make himself available as and when required by the trial court, except on showing genuine reason, otherwise prosecution will be at liberty to move for cancellation of his bail bonds.
Accordingly, this appeal is allowed and the impugned order is
set-aside.
(Vinod Kumar Sinha, J)
Amjad/- AFR/NAFR CAV DATE Uploading Date Transmission Date
1 issue framed by the court
Whether the appellant is entitled to regular bail in connection with offences under sections 147, 148, 149, 341, 323, 324, 307, 302, 504 of IPC and SC/ST Act.
2 provisions across 2 enactments
Neeraj Kumar Singh
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
