Chamak Lal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.850 of 2023 Arising Out of PS. Case No.-366 Year-2022 Thana- DHORAIYA District- Banka ====================================================== CHAMAK LAL YADAV Son of Anuplal Yadav R/V- Kachahari (Pipra) P.SDhoraiya, Dist- Banka ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Ravindra Das Son of Kamleshwari Das R/V- Kachahari (Pipra) P.sDhoraiya Dist- Banka ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Subhash Kumar Jha For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Though notice has been issued to O.P. No. 2, no one has turned to assist the Court.
Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.
The instant appeal has been filed by the appellant against the order dated 12.01.2023 passed by learned Additional Sessions Judge 1st, Banka whereby the prayer for bail of the appellant in connection with Dhoraiya PS Case No. 366 of 2022 under Section 323, 325, 307, 506, 504/34 of the Indian Penal Code and sections 3(i)(r)(s)(W)(va) of SC/ST (POA)Act was rejected.
Allegations against the appellant is of abusing,
Patna High Court CR. APP (SJ) No.850 of 2023(6) dt.05-10-2023 2/3 assaulting by fists and slaps to the informant and his family members over a trivial dispute.
It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to previous dispute and dirty village politics. General and omnibus allegation is levelled against the appellant. Members of both sides have received injury in the alleged incident. No offence is made out under the provisions of the SC/ST Act against him. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 14.7.2023 passed in Cr. Misc. No. 38292 of 2023. He has got no criminal antecedent and languishing in judicial custody since 25.11.2022. The appeal for bail is opposed by learned Spl. P.P. for the State.
Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 12.01.2023 is hereby set aside. The appellant is directed to be enlarged on bail in connection with Dhoraiya PS Case No. 366 of 2022 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
Patna High Court CR. APP (SJ) No.850 of 2023(6) dt.05-10-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st, Banka. (Sunil Kumar Panwar, J) Sushma /- U