Chandradeo Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.259 of 2017 Arising Out of PS.Case No. -159 Year- 2016 Thana -ROSHANGAANJ District- GAYA ======================================================

1. Chandradeo Yadav, Son of Akal Yadav,

2. Bilash Yadav, Son of Chandradeo Yadav,

3. Matan Yadav, son of Chanderdeo Yadav,

4. Sipahi Yadav, Son of Late Lakhan Yadav.

All Residents of Village: Sidhipur, Police Station: Bankey Bazar, District - Gaya.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Rabindra Kumar Priyadarshi, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 28-03-2017 Heard learned counsel for the appellants as well as learned Special Public Prosecutor assisted by learned counsel for the informant.

From the written report itself it is apparent that land dispute is pending before a competent court and in the aforesaid background, it has been alleged that all the accused persons including the appellant came over the land and began to cut paddy crop. At that very moment, they were challenging the prosecution party by calling them with caste name. Furthermore, they were also armed with respective weapons. When informant Raghunandan Choudhary came out and resisted the illegal activity, Chandradeo Yadav caught hold while Sipahi Yadav gave garasi blow over his head. His nephew Ashok Chaudhary was assaulted with iron rod by Matan Yadav. Furthermore, Birendra Chaudhary, Pairu Chaudhary, Ashok Chaudhary have also been assaulted.

From the order impugned, it is evident that learned lower court had gone through the case diary, injury report but, there

Patna High Court CR. APP (SJ) No.259 of 2017 (2) dt.28-03-2017 happens to be complete silence over nature of the injury. In the aforesaid background as well as considering the period of custody since 17.11.2016, appellants Chandradeo Yadav, Bilash Yadav, Matan Yadav, Sipahi Yadav each are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Court (Special Judge), SC/ST, Gaya in connection with Raushanganj (Bankey Bazar) P.S. Case No.159/2016, after setting aside the order dated 09.11.2016 passed by Exclusive Special Court (Special Judge), SC/ST, Gaya in connection with Raushanganj (Bankey Bazar) P.S. Case No.159/2016. Consequent thereupon, appeal is allowed.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T