Bipin Yadav @ Harinandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1982 of 2021 Arising Out of PS. Case No.-206 Year-2020 Thana- GOVINDPUR District- Nawada ====================================================== 1.

BIPIN YADAV @ HARINANDAN YADAV Son of Sri Brahmdeo Yadav Resident of Village - Bhawanpur, P.S.- Govindpur, District - Nawada. 2.

PANCHO YADAV @ AJAY PRASASD @ FAJO YADAV Son of Late Shivnandan Prasad Yadav Resident of Village - Bhawanpur, P.S.- Govindpur, District - Nawada.

3.

PAWAN YADAV @ PAWAN KUMAR Son of Late Kuldeep Prasad Yadav Resident of Village - Bhawanpur, P.S.- Govindpur, District - Nawada. 4.

CHANDAN KUMAR @ FULOO YADAV Son of Sri Umesh Yadav Resident of Village - Bhawanpur, P.S.- Govindpur, District - Nawada. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Mohan Chaudhary Rajo Chaudhary Village-Khagandua,P.S-Govindpur, District-Nawada ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ajay Kumar Thakur, Adv.

Mrs. Vaishnavi Singh, Adv.

Mr. Ravi Ranjan, Adv.

For the Respondent/s :

Mr. Sheo Kumar Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-05-2023 Learned counsel for the appellants is directed to remove the defect(s) as pointed out by the office. Heard learned counsel for the appellants and learned Special Public Prosecutor for the State being assisted by the learned counsel for the informant.

This appeal has been preferred against the order dated 05.02.2021 passed by learned Additional District & Sessions Judge-cum-Special Judge (SC/ST) Act, Nawada in Govindpur P.S. Case No. 206 of 2020 registered under Sections 341, 323, 504, 506, 34 of the Indian Penal Code and Sections 3(i)(r)(s) (w), 3(2)(va) of the Scheduled Castes and Scheduled Tribes

Patna High Court CR. APP (SJ) No.1982 of 2021(3) dt.04-05-2023 2/2 (Prevention of Atrocities) Act by which the prayer for anticipatory bail of the appellants has been rejected. Learned counsel for the appellants submits that appellants are innocent and have falsely been implicated in the present case due to ulterior motives. Further submission is that there is no specific allegation against the appellants. The appellants have got no criminal antecedent.

Considering the aforesaid facts, let the appellants, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be released on bail on furnishing personal bond each to the satisfaction of Additional District & Sessions Judge-cum-Special Judge (SC/ST) Act, Nawada in connection with Govindpur P.S. Case No. 206 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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

(Arvind Srivastava, J) utkarsh/- U T