Mantun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.846 of 2019 Arising Out of PS. Case No.-265 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== Mantun Yadav, S/o Late Pawan Yadav Resident of Gangia, P.S.- Gangaur, District- Khagaria.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Raj Kumar Rajesh For the Respondent/s :

Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 10-05-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 29.11.2018 passed by learned A.D.J.-I-cumSpecial Court, Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 265 of 2018 registered under Sections 341, 343, 307, 504, 506 and 448/34 of the Indian Penal Code and Section 3 (i)(r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Appellant along with three other named accused persons descended at the land of the informant and tried to install pillar on his land & on protest made by his

Patna High Court CR. APP (SJ) No.846 of 2019 dt.10-05-2019 2/3 son, Raj Kumar, appellant gave order to eliminate him whereupon Dilip Yadav and Karelal Yadav caught him hold while the appellant resorted firing by means of pistol inflicting injury on his chest.

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case. There is a land dispute between the parties and due to aforesaid land dispute the appellant has been falsely implicated in this case. As a matter of fact, the injury was sustained at some other place at the hands of some other person. In para-85 of the case diary the I.O. has also found one more person that is why wife of the informant injured in the occurrence but the said aspect of the case has not been adumbrated in the F.I.R. rather concealed which creates serious doubt about the prosecution case and complicity of the appellant in the occurrence. Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten

Patna High Court CR. APP (SJ) No.846 of 2019 dt.10-05-2019 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge cum Special Judge , Khagaria in connection with Khagaria (Gangaur) P.S. Case No.265 of 2018.

Accordingly, the impugned order is set aside and the appeal is allowed.

(Prakash Chandra Jaiswal, J) Trivedi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.05.2019 Transmission Date 13.05.2019