Vikas Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1368 of 2021 Arising Out of PS. Case No.-223 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== 1.

Vikas Yadav, aged about 27 years, Male, Son of Maula Yadav 2.

Saheb Yadav @ Ravi Ranjan Yadav, aged about 24 years, Male, Son of Shukhdev Yadav @ Sukhdev Prasad Yadav 3.

Lallu Kumar @ Santosh Yadav, asged about 25 years, Male, Son of Late Naresh Yadav, all resident of Village - Nimatar Rampur, P.S.- Rajauli, District - Nawada.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sanjeev Ranjan, Advocate For the State :

Mrs.Usha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-03-2021 Learned counsel for the appellants is permitted to remove the defects within four weeks.

Heard learned counsel for the appellants and learned A.P.P. for the State.

The appellants are aggrieved by the order dated 03.12.2020 passed by learned Special Judge, SC & ST Court, Ist Additional Judge, Nawada in connection with Rajouli P.S. Case No.223 of 2020 arising out of Special Case No.114 of 2020 registered for the offence punishable under Section 3(2)(v) of the SC/ST Act and Sections 147, 341, 323, 307 and 302 of the Indian Penal Code, whereby prayer for grant of regular bail on behalf of the appellants has been rejected.

The allegation against the appellants is that they were

Patna High Court CR. APP (SJ) No.1368 of 2021(2) dt.03-03-2021 2/2 grazing their buffalo in the brinjal field of the informant and on protest, they have beaten his younger brother by fists and slaps. Learned counsel appearing on behalf of the appellants submits that the appellants have no criminal antecedent. The appellants are in jail custody since 26.11.2020. Considering the fact that the appellants have no criminal antecedent and they have remained in custody since 26.11.2020, the impugned order dated 03.12.2020 is set aside and the appeal is, accordingly, allowed.

Let the appellants, above named, be released on bail on furnishing bail bond of Rs.25,000/-(Twenty Five Thousand) each with two sureties of the like amount each to the satisfactino of learned Special Judge SC & ST Court, Ist Additional Judge, Nawada in connection with Rajouli P.S. Case No.223 of 2020 arising out of Special Case No.114 of 2020.

Accordingly, the order dated 03.12.2020 is set aside and appeal is allowed.

(Anjani Kumar Sharan, J) Nasimul/- U T