Mithun Yadav @ Vikki Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No 1686 of 2021 Arising Out of PS. Case No.-260 Year-2020 Thana- SHAHKUND DistrictBhagalpur ====================================================== MITHUN YADAV @ VIKKI YADAV Son of Chulhai Yadav Resident of Village- Kasba Kherhi, P.S.- Shahkund, District- Bhagalpur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr Diwakar Upadhyaya, Advocate For the Respondent/s :

Ms Usha Kumari 1, Special PP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 31-05-2021 This case has been listed today for consideration through Video Conferencing.

2 At the very outset, this court considers it necessary to take note of submission of the appellant's counsel that there is an inadvertent typographical error in paragraph 1 of this Memo of Appeal wherein Section 354 of Indian Penal Code (for brevity, IPC) has been mentioned due to inadvertence in place of Section 504 of IPC.

3 Heard learned counsel for the appellant and the learned Special PP for the State.

4 The appellant has preferred the present Appeal under Section 14 - A (2) of Scheduled Castes and Scheduled

Patna High Court CR. APP (SJ) No.1686 of 2021 dt.31-05-2021 2/3 Tribes (Prevention of Atrocities) Act, 1989 (for brevity, SC/ST Act) against the refusal of his prayer for regular bail vide order dated 05.01.2021 passed by Additional Sessions Judge III -cum- Special Judge, SC/ST Act, Bhagalpur in a case registered under Sections 341, 323, 504, 506, 353 of IPC and Sections 3 (i) (r) (s) of SC/ST Act in connection with Shahkund Police Station (for brevity, PS) Case No 260 of 2020 (GR No 198 of 2020).

5 It is alleged that the informant had earlier been instrumental in having a raid conducted against the appellant. Being infuriated, the appellant assaulted the informant and abused him by caste name and, therefore, the instant case has been lodged.

6 Appellant's counsel submits that the implication is false. The appellant has been in custody since 17.11.2020. The appellant is accused in two more cases in which he is on bail and there is no allegation of misusing the privilege of bail. 7 Learned Special PP for the State has opposed the prayer for bail.

8 In my opinion, in view of nature of accusation in the FIR, a case for grant of regular bail is made out. The impugned order dated 05.01.2021 requires interference by this Court, which is, accordingly, set aside.

9 Considering the rival submissions, this appeal is allowed. The impugned order dated 05.01.2021 passed by Additional Sessions Judge III -cum- Special Judge, SC/ST Act, Bhagalpur in connection with Shahkund PS Case No 260 of 2020 (GR No 198 of 2020) is set aside.

10 Let the appellant above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten

Patna High Court CR. APP (SJ) No.1686 of 2021 dt.31-05-2021 3/3 Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge III -cum- Special Judge, SC/ST Act, Bhagalpur in Shahkund PS Case No 260 of 2020 (GR No 198 of 2020) subject to the following conditions:

(1) That one of the bailors will be a close relative of the appellants who will give an affidavit giving genealogy as to how he is related with the appellant. The bailor will also undertake to inform the Court if there is any change in the address of the appellant.

(2) That the appellant will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.06.2021 Transmission Date 03.06.2021