Arbind Yadav @ Arbind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1261 of 2023 Arising Out of PS. Case No.-526 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== 1.

ARBIND YADAV @ ARBIND KUMAR Son of Bhagwan Das Yadav resident of Village- Chamardih, P.S- Chandauti, Distt.- Gaya. 2.

Nanhku Yadav Son of Bhhagwan Das Yadav Village- Chamardih, P.SChandauti, Distt.- Gaya 3.

Guddu Yadav @ Guddu Kumar Son of Rajballav Yadav Village- Chamardih, P.S- Chandauti, Distt.- Gaya ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Aditya Paswan Son of Late Baburam Paswan Village- Chamardih, P.SChandauti, Distt.- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Arvind Kumar Singh For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the appellants, learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellants against the order dated 2.2.2023 passed by learned Special Judge SC/ST, Gaya whereby the prayer for bail of the appellant in connection with in Chandauti P.S. Case No. 526 of 2022 under Sections 447, 323, 379, 427, 504 and 506/34 of the Indian Penal Code and sections 3(i)(r)(s)(v), 2(va) of the SC/ST Act was rejected.

Allegations against the appellants are of abusing and

Patna High Court CR. APP (SJ) No.1261 of 2023(3) dt.18-05-2023 2/3 assaulting to the informant and his wife and snatched golden chain and fled away. They also damaged summer well and threatened him to face dire consequences.

It is submitted by learned counsel for the appellants that appellants have been falsely implicated in this case due to dirty village politics. They have not taken the cast name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against them. They have got no criminal antecedent. They are languishing in judicial custody since 21.1.2023.

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 appellants, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 2.2.2023 passed in Chandauti P.S. Case No. 526 of 2022 is hereby set aside.

The appellants are directed to be enlarged on bail in connection with Chandauti P.S. Case No. 526 of 2022 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. APP (SJ) No.1261 of 2023(3) dt.18-05-2023 3/3 of the learned Special Judge, Sc/St, Gaya.

(Sunil Kumar Panwar, J) sushma/- U