Sanoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.266 of 2019 Arising Out of PS. Case No.-300 Year-2018 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Sanoj Yadav Ashok Gop Resident of Mohalla- Railway Colony, Buxar, P.S.- Buxar (M), District - Buxar ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rajeev Ranjan For the Respondent/s :

Mr.Usha Kumari (Spp247) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 17-01-2019 By way of this memo of appeal, preferred under Section 14(A) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities )Act, 1989, appellant seeks for setting aside the order dated 10.12.2018, passed in Buxar (M) P.S. Case No. 300 of 2018 for the offences punishable under Sections 457, 341, 323, 504, 506, 354/34 of the Indian Penal Code and Section 3(1)(r)(s) of SC/ST Act, by the learned Additional Sessions Judge -I cum- Special Judge SC/ST Act, Buxar, whereby and whereunder, appellant's application for grant of anticipatory bail has been rejected.

Allegation as per F.I.R. is that appellant and other accused persons came to the house of informant and asked the wife of informant as to where the informant is and, thereafter, they abused the wife of informant and assaulted by fists and slaps and also made firing.

Patna High Court CR. APP (SJ) No.266 of 2019 dt.17-01-2019 2/2 It has been submitted on behalf of the appellant that out and out false and concocted case has been lodged by the informant and the real fact is that earlier the informant was arrested in excise case and appellant was instrumental in getting the informant arrested and due to which, the present false case has been lodged and although there is allegation of firing, however, none has received any gun shot injury.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellants, above named, in the event of his arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -I cum- Special Judge SC/ST Act, Buxar, in connection with Buxar (M) P.S. Case No. 300 of 2018, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C.

(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 18.01.2019 Transmission Date 18.01.2019.