Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1586 of 2023 Arising Out of PS. Case No.-392 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Rajesh Yadav Son Of Pawan Yadav @ Paweshwar Village- Shekhpur Chaman Gosaai Tola Ps- Udakishunganj Dist- Madhepura ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Rajkumari Devi Khalan Risidev Village- Shekhpur Chaman Mushhari Tola Ps- Udakishunganj Dist- Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Dinesh Prasad Verma For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 17.02.2023 passed by learned Additional Sessions Judge-I-cum-Special Judge, Madhepura in connection with SC/ST Case No. 10 of 2023, arising out of Udakishunganj P.S. Case No. 392 of 2022 instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 386 of the Indian Penal Code and Sections 3(1)(r)(s), 3(2)(va) of the SC/ST Act whereby

Patna High Court CR. APP (SJ) No.1586 of 2023(4) dt.24-08-2023 2/3 his prayer for being released on bail has been rejected. The allegation against the appellant and others is to assault the informant and others, on harvesting issues of paddy along with other co-accused persons where one of the reasons was local election dispute also. It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the appellant. The specific allegation of assault, threatening and using abusive language is against co-accused Manoj Yadav. The case was lodged by the informant due to the earlier political enmity relating to the panchayat election. No one has sustained any injury. As per F.I.R, the occurrence did not take place in public view. Hence, the provision under SC/ST Act would not be applicable in the case of the appellant. The appellant is in custody since 16.02.2022. A statement has been made in para 3 of the petition that appellant has clean antecedent.

Patna High Court CR. APP (SJ) No.1586 of 2023(4) dt.24-08-2023 3/3 Learned Special P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the appellant.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 17.02.2023.

Accordingly, this appeal is allowed.

The appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeI-cum-Special Judge, Madhepura in connection with SC/ST Case No. 10 of 2023, arising out of Udakishunganj P.S. Case No. 392 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T