Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1054 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -KOCH District- GAYA ====================================================== Sanjay Yadav, Son of Chandradev Yadav, Resident of Village- Dihuri, Police Station- Konch, District- Gaya.

... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Manoj Kumar, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 22-02-2017 Heard learned counsel for the appellant as well as learned Special Public Prosecutor.

On the ground of being the appellant to be sole assailant of injured/informant prayer for bail of appellant has been rejected vide order dated 08.09.2016 by the Special Judge (SC/ST), Gaya relating to Konch P.S. Case No.07/2016 whereupon, instant appeal has been preferred in terms of Section 14A(2) of the SC/ST (POA) Act. Although the written report is silent over location of body where appellant had aimed at however, from the injury report it is evident that it was found over upper and outer thigh (antero-lateral aspect) measuring 1⁄4" x 1⁄4" which, on account of fracture of shaft has been found grievous. Appellant happens to be under custody since 01.08.2016 and further, carries no criminal antecedent since before inception of the present case though subsequently, as incorporated under para-3 has been made an accused in connection with Konch P.S. Case No.07/2016.

Consequent thereupon, appellant Sanjay Yadav 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

Patna High Court CR. APP (SJ) No.1054 of 2016 (3) dt.22-02-2017 satisfaction of learned Special Judge, SC/ST, Gaya in connection with Konch P.S. Case No.07/2016 after setting aside the order impugned. Consequent thereupon, appeal is allowed.

Prakash Narayan (Aditya Kumar Trivedi, J.) U T