Ranjeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1061 of 2022 Arising Out of PS. Case No.-1 Year-2019 Thana- SC/ST District- Jehanabad ====================================================== 1.

Ranjeet Yadav Son Of Nandan Yadav Resident Of Village - Koni, P.S.- Banshi, Distt.- Arwal.

2.

Krishna Yadav Son of Shiv Prasad Yadav Resident of Village - Koni, P.s.- Banshi, Distt.- Arwal.

3.

Pundeo Yadav Son of Bhagwan Das Yadav Resident of Village - Koni, P.s.- Banshi, Distt.- Arwal.

4.

Ram Vinay Yadav Son of Bhagwan Das Yadav Resident of Village - Koni, P.s.- Banshi, Distt.- Arwal.

5.

Subalal Yadav Son of Baudhu Yadav Resident of Village - Koni, P.s.- Banshi, Distt.- Arwal.

6.

Keshav Yadav Son of Mithu Yadav Resident of Village - Koni, P.s.- Banshi, Distt.- Arwal.

7.

Mantosh Pandit @ Mantosh Tiwari Son of Kuver Pandit Resident of Village - Koni, P.s.- Banshi, Distt.- Arwal.

8.

Mintu Yadav @ Mintu Kumar Son of Ganesh Yadav Resident of Village - Koni, P.s.- Banshi, Distt.- Arwal.

9.

Ravindra Yadav Son of Raj Nath Yadav Resident of Village - Koni, P.s.- Banshi, Distt.- Arwal.

10.

Jay Shankar Yadav Son of Ganesh Yadav Resident of Village - Koni, P.s.- Banshi, Distt.- Arwal.

... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rohit Mishra For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2022 Heard learned counsel for the appellants and learned Special P.P for the State.

The appellants have challenged the order dated 06.01.2022 passed by learned 1st Additional District &

Patna High Court CR. APP (SJ) No.1061 of 2022(2) dt.01-09-2022 2/3 Sessions Judge, Jehanabad in connection with Arwal SC/ST P.S. Case No. 01 of 2019 instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506 of the Indian Penal Code and Section 3(1)(F), 3(2)(va) of the SC & ST (Prevention of Atrocities) Act, whereby their prayer for being released on anticipatory bail has been rejected.

The accusations are of making assault and abusing by calling caste name.

It is submitted by learned counsel for the appellants that appellants have falsely been implicated in this case and in the background of some petty dispute, the present case has been lodged. As per F.I.R, the occurrence did not take not in public view. Hence, the provisions under SC/ST Act would not be applicable in the case of the appellants. A statement has been made in para 3 of the petition that appellants have no criminal antecedent.

Taking into account the aforesaid facts, this

Patna High Court CR. APP (SJ) No.1061 of 2022(2) dt.01-09-2022 3/3 Court deems it appropriate to set aside the order dated 06.01.2022 passed by learned 1st Additional District & Sessions Judge, Jehanabad in connection with Arwal SC/ST P.S. Case No. 01 of 2019.

Accordingly, this appeal is allowed.

The appellants, above named, are directed to be released on bail in the event of their arrest or surrender within a period of four weeks from today and on their 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 & Sessions Judge, Jehanabad in connection with Arwal SC/ST P.S. Case No. 01 of 2019 (Sunil Kumar Panwar, J) Shageer/- U T