Birendra Yadav @ Birendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1894 of 2021 Arising Out of PS. Case No.-322 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

BIRENDRA YADAV @ BIRENDRA PRASAD YADAV SON OF LATE SHRI GOPE R/O VILLAGE- TITAHIYA TAND (TADA PAR), P.S.- DEEP NAGAR, DISTRICT- NALANDA.

3.

YOGENDRA GOPE SON OF LATE SHRI GOPE R/O VILLAGETITAHIYA TAND (TADA PAR), P.S.- DEEP NAGAR, DISTRICTNALANDA. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pankaj Kumar For the Respondent/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2021 Heard learned counsel for the appellants and learned Special P.P.for the State through virtual mode. Learned counsel for the appellants is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The appellants have challenged the order dated 8.10.2020 passed by learned 1st Additional District and Sessions Judge-cum- Special Judge, Nalanda at Biharsharif in ABP No. 2181 of 2020 in connection with Deep Nagar P.S. Case No. 322/2020 registered for the offences under sections 147, 148, 149, 341, 323, 188, 353, 504 of the Indian Penal Code and 3(i) (r)(s) of SC/ST Act whereby the prayer made on behalf of the

Patna High Court CR. APP (SJ) No.1894 of 2021(2) dt.12-04-2021 2/3 appellants for grant of anticipatory bail has been rejected. Prosecution allegation, in short, is that the accused persons assaulted the informant and also abused by taking caste name.

It has been submitted on behalf of the appellants that the appellants have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the appellants. The appellants have falsely been implicated in the present case. General and omnibus allegation has been made against the appellants. No specific overt act is alleged against the appellants. No occurrence is said to have taken place within public view. Hence, no offence under SC/ST Act is made out in the present case.

On behalf of the State, it is submitted that the appellants are named in the F.I.R.

Considering the aforesaid facts and circumstances, this Court is inclined to set aside the order dated 8.10.2020 passed by learned 1st Additional District and Sessions Judgecum- Special Judge, Nalanda at Biharsharif in ABP No. 2181 of 2020 by which the anticipatory bail of the appellants was rejected.

Let the appellants above named, in the event of

Patna High Court CR. APP (SJ) No.1894 of 2021(2) dt.12-04-2021 3/3 arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge-cum- Special Judge, Nalanda at Biharsharif in connection with Deep Nagar P.S. Case No. 322/2020.

The appeal stands allowed.

(Sudhir Singh, J) Pankaj/- U T