Indrajeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1081 of 2021 Arising Out of PS. Case No.-122 Year-2019 Thana- PALIGANJ District- Patna ====================================================== INDRAJEET YADAV S/o Son of Chhotan Yadav Resident of Village- Lalganj Sehra, P.S.- Paliganj, Distt- Patna.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Prem Ranjan Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the appellant and the State. The present memo of appeal has been filed on behalf of the appellant for grant of bail against the order dated 17.12.2020 passed by learned Additional District and Sessions Judge III-cum-Special Judge (SC/ST Act), Patna in connection with Paliganj P.S. Case No. 122 of 2019 (Special Case No. 161 of 2019) under Sections 302, 34 of the Indian Penal Code and section 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer for bail of the appellant was rejected.

Prosecution case in brief is that on 01.04.2019 at about 9.00 pm, wife of younger brother of informant namely, Kavita Devi was quarreling with his younger brother Satish

Patna High Court CR. APP (SJ) No.1081 of 2021(3) dt.15-04-2021 2/2 Manjhi and thereafter, she fled away. Meanwhile, co-accused Lalu Yadav and this petitioner came armed with lathi and danda and assaulted his brother, as a result of which he became severely injured. Thereafter, he was taken to the hospital, but during course of treatment, informant's brother died on 03.04.2019.

It is submitted on behalf of appellant that appellant is innocent and has been falsely implicated. There is delay of three days in lodging of FIR. In fact, deceased fell on the hand pump and sustained injuries and later on, succumbed to death. Appellant has got clean antecedent, as stated in para 3 of the petition.

However, counsel for the State vehemently opposed the bail application and submitted that appellant is one of assailants and there is specific allegation of assault against this petitioner.

Considering the facts and circumstances of the case and the fact that appellant is one of the assailants of the deceased, the prayer bail of the appellant is rejected. (Prabhat Kumar Singh, J) vinita/- U T