Sujeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2516 of 2021 Arising Out of PS. Case No.-88 Year-2020 Thana- BODHGAYA District- Gaya ====================================================== SUJEET YADAV, Son of Mithlesh Yadav @ Firangi Yadav, Resident of Village - Moratal, P.S.- Bodhgaya, District - Gaya. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Vinod Kumar For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-06-2021 Heard learned Counsel for the appellant and learned Special Public Prosecutor for the State, through Video Conferencing.

An order, dated 28.01.2021 passed by learned Exclusive Special Judge (SC/ST Act), Gaya, in B.P. No. 32 of 2021, is under challenge in the present appeal preferred under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the regular bail application of the appellant in connection with Bodh Gaya Police Station Case No. 88 of 2020 registered for the offences punishable under Sections 341/323/307/504/34 of the Indian Penal Code and Section 3 (i) (r) (s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been rejected.

Patna High Court CR. APP (SJ) No.2516 of 2021(2) dt.30-06-2021 2/3 The prosecution case, as per the First Information Report, is that the brother of the appellant was accosted by the appellant and other accused persons and they started abusing him and demanded toddy beer from him and upon denial, coaccused Mithilesh Yadav assaulted the informant's brother on his hydrocil and when the informant came to his rescue, all the accused persons assaulted him, causing him head injury. Learned Counsel appearing on behalf of the appellant submits that the appellant has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. He further submits that there is no specific allegation of assault against the appellant, rather the allegation of assault is upon co-accused Mithilesh Yadav.

He, referring to the injury report of the informant's brother, submits that the injury caused to him is simple in nature. He next submits that the appellant is in custody since 26.12.2020. Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the appellant is in custody since 26.12.2020, there is no specific allegation of assault against the appellant and the injury caused to the victim has been found to be simple in nature, I am inclined to grant regular bail to the appellant.

Patna High Court CR. APP (SJ) No.2516 of 2021(2) dt.30-06-2021 3/3 Accordingly, this appeal is allowed and the order, dated 28.01.2021, passed in B.P. No. 32 of 2021, by learned Exclusive Special Judge (SC/ST Act), Gaya, is set aside. Let the appellant, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (SC/ST Act), Gaya, in connection with Bodh Gaya Police Station Case No. 88 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √